Mason v. Gibson
Supreme Court of New Hampshire
Bill in Equity, for an accounting. Facts found, and case transferred from the June term, 1904, of the superior court, by jStone, J. The defendant carried on the hotel business for one year under ■a written agreement with the plaintiff, the material provisions of which are as follows: “ Mahlon II.
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Bill in Equity, for an accounting. Facts found, and case transferred from the June term, 1904, of the superior court, by jStone, J. The defendant carried on the hotel business for one year under ■a written agreement with the plaintiff, the material provisions of which are as follows: “ Mahlon II. Mason . . . does hereby lease, demise, and let unto James L. Gibson . . . the hotel property known as the Sunset Pavilion, . . . together with the furnishings of every kind used by him in carrying on hotel business. Also the coach, carriages, harnesses, etc., used in the livery business in connection…
1Dissent
being of the opinion that, according to the true construction of the lease, the defendant is not entitled to be credited in the accounting with the cost of furnishings and repairs that were necessary merely "for the well-being of the hotel property and the comfort of the guests, and conducive to the best interests of the parties, considering the nature of the business to be done and the location of the hotel property with all of its surroundings," as was ruled in the superior court, but only with the cost, not exceeding $500, of such as were "absolutely necessary." See State v. Tetrick, 34 W.…
2Cases cited1 opinion
- State v. TetrickWest Virginia Supreme Court · 1890