Leonard v. Kingman
Massachusetts Supreme Judicial Court
Contract upon an account annexed, for use and occupation of the plaintiff’s building in Bridgewater, from May 23, 1879, to April 28 1881. Answer, a general denial.
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Contract upon an account annexed, for use and occupation of the plaintiff’s building in Bridgewater, from May 23, 1879, to April 28 1881. Answer, a general denial. Trial in the Superior Court, before Gardner, J., who reported the case for the determination of this court, in substance as follows : On April 7, 1879, the plaintiff’s building was let by paroi to one Marcellus J. Partridge, who associated with him in business one Charles W. Soule, the latter receiving a certain part of the net profits of the business in payment of his services. Partridge took possession of the building on April…
1Opinion of the CourtC. Allen, J.
The plaintiff concedes that he could not have maintained trespass for the period of the defendant’s occupancy between the date of the attachment and that of its dissolution, for want of the notice required by the St. of 1878, c. 272, § 3 ; but he contends that the defendant became a tenant of the premises *125at the latter date. The report of what took place between the parties at that time does not show any contract, express or implied, for the payment of rent; nor is any such contract, either then or at some later time, to be inferred, merely because, in March, 1881, the plaintiff demanded…
2Cases cited3 opinions
- Central Mills Co. v. HartMassachusetts Supreme Judicial Court · 1878
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. GraddyCourt of Appeals of Kentucky · 1863
3Cited by5 opinions
- Chapel-High Corp. v. CavallaroSupreme Court of Connecticut · 1954
- Milmore v. LandauMassachusetts Supreme Judicial Court · 1940
- Mathews v. CarltonMassachusetts Supreme Judicial Court · 1905
- Brooks v. AllenMassachusetts Supreme Judicial Court · 1888
- Wales v. ChaseMassachusetts Supreme Judicial Court · 1885