International Trust Co. v. Schumann
Massachusetts Supreme Judicial Court
Three Actions. The first case was an action of contract, the declaration in which contained two counts, the first of which alleged that, on October 5,1885, the defendant, August Oschwald, and George P. Upham entered into a written lease, a copy of which was annexed, of the basement of the building situated on the corner of Devonshire Street and Milk Street, in Boston, for a term of five years; that, by the terms of the lease, the defendant and Oschwald agreed to pay an…
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Three Actions. The first case was an action of contract, the declaration in which contained two counts, the first of which alleged that, on October 5,1885, the defendant, August Oschwald, and George P. Upham entered into a written lease, a copy of which was annexed, of the basement of the building situated on the corner of Devonshire Street and Milk Street, in Boston, for a term of five years; that, by the terms of the lease, the defendant and Oschwald agreed to pay an annual rent of $2,000, payments of $500 to be made quarterly upon the first days of April, July, October, and January of each…
1Opinion of the CourtBarker, J.
Of the parties to these actions between landlord and tenant, the latter, having remained in possession until the end of the term demised, now alleges as an eviction the fact that during the term his landlord entered on the premises under claim of right to repossess them for breach of covenants by the tenant, and brought a process to eject the tenant, on which final judgment for the tenant was rendered; and he further alleges, as breaches of the implied covenant for quiet enjoyment, the same entry and suit, and the fact that the landlord, knowing that the premises were of value to the tenant…
2Cases cited15 opinions
- Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
- Hayner v. SmithIllinois Supreme Court · 1872
- De Witt v. PiersonMassachusetts Supreme Judicial Court · 1873
- Gazzolo v. ChambersIllinois Supreme Court · 1874
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Kuiken v. GarrettSupreme Court of Iowa · 1952
- Gabriel v. BorowyMassachusetts Supreme Judicial Court · 1949
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Nelson Theatre Co. v. NelsonMassachusetts Supreme Judicial Court · 1913
- A. W. Banister Co. v. P. J. W. Moodie Lumber Corp.Massachusetts Supreme Judicial Court · 1934
14 more not listed; retrieve them via the Exa API.