Gross v. Cohen
Massachusetts Supreme Judicial Court
Contract for rent alleged to be due under a lease in writing and under seal. Writ in the Police Court of Chelsea dated December 21, 1917. On appeal to the Superior Court, the action was tried before Fox, J. It appeared that the lease was signed and sealed in behalf of the plaintiff by her sister-in-law, who testified that she had authority in writing to do so, but that she did not know whether such authority was under seal. The authority in writing was not produced.
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Contract for rent alleged to be due under a lease in writing and under seal. Writ in the Police Court of Chelsea dated December 21, 1917. On appeal to the Superior Court, the action was tried before Fox, J. It appeared that the lease was signed and sealed in behalf of the plaintiff by her sister-in-law, who testified that she had authority in writing to do so, but that she did not know whether such authority was under seal. The authority in writing was not produced. Other material evidence is described in the opinion. At the close of the evidence, the judge denied a motion by the defendant…
1Opinion of the CourtJenney, J.
This is an action upon a lease under seal purporting to have been made by Julia Gross, the plaintiff, to Max Cohen, the defendant, and to Max Ruben, who is not a party to this proceeding.
The defendant occupied the demised premises as lessee for five months, and paid the rent accruing under the lease for that time. There was no evidence as to why his occupation ceased. The plaintiff claims that she is entitled to recover the rent for seven months included in the term for which the lease was given, and for which no payment has been made. The defence is based *470solely upon the contention that the…
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