Legal Opinion

Kimball v. Cross

Massachusetts Supreme Judicial Court

Decided January 22, 1884PublishedCited by 18 opinions

Contract, to recover rent from May 24 to November 24, 1882, on the following instrument, in writing, dated November 24,1879, and executed by the plaintiff and the defendant: “ Know all men by these presents, that we, Samuel Kimball, of Boxford, in the county of Essex, and State of Massachusetts, and William Sawyer, of Georgetown, in said State and county aforesaid, have leased our mill privilege in Boxford, it being the same on which our box factory was burned, with all the…

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Contract, to recover rent from May 24 to November 24, 1882, on the following instrument, in writing, dated November 24,1879, and executed by the plaintiff and the defendant: “ Know all men by these presents, that we, Samuel Kimball, of Boxford, in the county of Essex, and State of Massachusetts, and William Sawyer, of Georgetown, in said State and county aforesaid, have leased our mill privilege in Boxford, it being the same on which our box factory was burned, with all the rights and privileges pertaining thereto, for the term of one year, for seventy-five dollars, with the privilege of…

1Opinion of the CourtDevens, J.

The defendant desired the court to rule that the lease under which he entered had no operative force after the expiration of one year, even if he availed himself of the privilege of continuing, named. therein. The instrument, which was dated November 24, 1879, recited that the plaintiffs had leased to the defendant the premises “ for the term of one year for seventy-five dollars, with the privilege of continuing five years at one hundred dollars per year; ” and the instruction requested treats the latter clause as a mere executory contract for a lease thereafter to be given, should the…

2Cases cited1 opinion

  1. McGrath v. City of BostonMassachusetts Supreme Judicial Court · 1869

3Cited by18 opinions

  1. Andrews v. Marshall Creamery Co.Supreme Court of Iowa · 1902
  2. Shannon v. JacobsonMassachusetts Supreme Judicial Court · 1928
  3. Quinn v. ValiquetteSupreme Court of Vermont · 1908
  4. Leominster Gas Light Co. v. HilleryMassachusetts Supreme Judicial Court · 1908
  5. Harding v. SeeleySupreme Court of Pennsylvania · 1892

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