Ferguson v. Jackson
Massachusetts Supreme Judicial Court
Summary process under Pub. Sts. c. 175, § 1, to recover possession of certain demised premises in a building on Temple Place in Boston.
Read the full summary
Summary process under Pub. Sts. c. 175, § 1, to recover possession of certain demised premises in a building on Temple Place in Boston. Writ in the Municipal Court of the City of Boston dated March 9, 1901. On appeal to the Superior Court, the case was heard by Fox, J., who found that the' defendants had not waived .their rights to a renewal of the lease under which they held, and ruled, that the covenant for a renewal, which is quoted by the court, constituted at least an equitable defence to the plaintiffs’ action. At the request of the plaintiffs, the judge reported the case for…
1Opinion of the CourtHolmes, C. J.
This is a summary process brought by a landlord against his tenants, under Pub. Sts. c. 175, § 1, to recover possession of the premises demised. The original term of the tenants’ lease had expired, but the lease contained a clause for renewal for two years more. The question is whether this clause constitutes a defence. It is suggested that the tenants did hot get a term for the additional two years merely by complying with the conditions and holding over, without a new lease, and that the clause is not available as an equitable defence, because the case is in the Superior Court by appeal,…
2Cases cited4 opinions
- Derick v. TaylorMassachusetts Supreme Judicial Court · 1898
- Gannett v. AlbreeMassachusetts Supreme Judicial Court · 1869
- McGrath v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Nott v. C. T. Sampson Manufacturing Co.Massachusetts Supreme Judicial Court · 1886
3Cited by17 opinions
- Costarelli v. CommonwealthMassachusetts Supreme Judicial Court · 1978
- Charles E. Burt, Inc. v. Seven Grand Corp.Massachusetts Supreme Judicial Court · 1959
- Leavitt v. MaykelMassachusetts Supreme Judicial Court · 1909
- Cleveland, C., C. & St. L. Ry. Co. v. HirschCourt of Appeals for the Sixth Circuit · 1913
- Albiani v. Evening Traveler Co.Massachusetts Supreme Judicial Court · 1914
12 more not listed; retrieve them via the Exa API.