Miller v. Maguire
Supreme Court of Rhode Island
Covenant. Certified from the Common Pleas Division on an agreed statement of facts.
1Opinion of the CourtTillinghast, J.
The defendant claims to be relieved from the payment of the rent stipulated in the lease on the following grounds, viz.: 1. Because the lease was illegal in its inception on account of the use to which the lessee intended to put a portion of the premises, with the knowledge of the lessor; and, 2. Because the lessee was evicted by reason of his failure to obtain a license for the sale of intoxicating liquors on the premises.
Under the decision of this court in Almy v. Greene, 13 R. I. 350, mere knowledge on the part of the lessor that the lessee intended to use the demised premises in violation…
2Cases cited1 opinion
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- Lawrence v. WhiteSupreme Court of Georgia · 1909
- Wood v. BartolinoNew Mexico Supreme Court · 1944
- Hecht v. Acme Coal Co.Wyoming Supreme Court · 1911
- Stratford, Inc. v. Seattle Brewing & Malting Co.Washington Supreme Court · 1916
- Turks Head Realty Trust v. Shearson Lehman Hutton, Inc.District Court, D. Rhode Island · 1990
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