McNamara v. Dorey
Massachusetts Supreme Judicial Court
Summary process under R. L. c. 181, § 1, for the possession of certain lots of land with dwelling houses thereon on Temple Street and Jacques Street in Somerville.
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Summary process under R. L. c. 181, § 1, for the possession of certain lots of land with dwelling houses thereon on Temple Street and Jacques Street in Somerville. Writ in the Police Court of Somerville dated October 3, 1911. On appeal to the Superior Court the case was referred to William H. Hitchcock, Esquire, as auditor, “to hear the parties, examine their vouchers and evidence, state the accounts, and make report thereof to the court, his decisions on facts upon all the issues raised by the pleadings to be final.” Later the case was heard by Fox, J., without a jury, upon the auditor’s…
1Opinion of the CourtSheldon, J.
On September 12, 1911, the defendant, in consequence of her failure to pay the rent which in the lease given to her by John J. Dorey (hereinafter called the lessor) she had agreed to pay, had committed a breach of her covenant in that lease. Thereupon the lessor entered upon the premises for that breach by her. The effect of this entry, unless some one or more of the *155contentions made by her are sustained, was to destroy her leasehold estate and revest, as against her, the whole right to possession in the lessor. If so, the plaintiff by the lease which he took became entitled to that…
2Cases cited7 opinions
- Fillebrown v. HoarMassachusetts Supreme Judicial Court · 1878
- Gordon v. RichardsonMassachusetts Supreme Judicial Court · 1904
- Borden v. SackettMassachusetts Supreme Judicial Court · 1873
- McGuinness v. KyleMassachusetts Supreme Judicial Court · 1911
- Morrill v. De la GranjaMassachusetts Supreme Judicial Court · 1868
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3Cited by3 opinions
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- Markey v. SmithMassachusetts Supreme Judicial Court · 1938
- George D. Emerson Co. v. Daley Foam Products, Inc.Massachusetts Appeals Court · 1983