Legal Opinion

Putnam v. Grace

Massachusetts Supreme Judicial Court

Decided May 14, 1894PublishedCited by 12 opinions

Bill in equity, to obtain specific performance of an agreement for the purchase of an unexpired term of a lease, and to compel the lessor to assent to its assignment.

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Bill in equity, to obtain specific performance of an agreement for the purchase of an unexpired term of a lease, and to compel the lessor to assent to its assignment. The bill alleged that the plaintiff, on November 1, 1892, was appointed the receiver of the American Protective League, a corporation organized in June, 1889, under the provisions of St. 1888, c. 429; that at the time of his appointment the League held a lease from James J. Grace, at an annual rent of $12,000, of the building numbered 181 on Tremont Street in Boston, running until May 1, 1905; that the League occupied certain…

1Opinion of the CourtAllen, J.

The maternal facts shown by the plaintiff’s bill, briefly stated, are as follows.

The American Protective League held a lease from Grace which had twelve years to run, the annual rent being $12,000. The lease contained a provision that the lessee should not assign it nor underlet it for any more hazardous use, etc., nor make any material alterations or additions other than those specified in the lease without the consent in writing of the lessor.

It thus appears that certain alterations were allowed, but what they were is not shown. All other material alterations were forbidden.

The American…

2Cases cited5 opinions

  1. Marble Co. v. RipleySupreme Court of the United States · 1870
  2. Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1875
  3. Butman v. PorterMassachusetts Supreme Judicial Court · 1868
  4. Slack v. BlackMassachusetts Supreme Judicial Court · 1872
  5. Love v. SortwellMassachusetts Supreme Judicial Court · 1878

3Cited by12 opinions

  1. Howland v. Town of PlymouthMassachusetts Supreme Judicial Court · 1946
  2. Forman v. GadouasMassachusetts Supreme Judicial Court · 1924
  3. Boston & Worcester Street Railway Co. v. RoseMassachusetts Supreme Judicial Court · 1907
  4. O'Brien v. BolandMassachusetts Supreme Judicial Court · 1896
  5. Sprague v. Rust Master Chemical Corp.Massachusetts Supreme Judicial Court · 1947

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