Fowler v. Bott
Massachusetts Supreme Judicial Court
This was an action of covenant brought by the plaintiffs, to recover the sum of 225 dollars, for rent alleged to be due from the ninth day of April, 1807, to the ninth day of January, 1808, of a chocolate mill demised by the plaintiffs to the defendants, by a certain indenture between the parties dated the third day of November, 1806. The defendants prayed oyer of the indenture, upon which it ppears that the plaintiffs thereby covenanted, among other things, to build a…
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This was an action of covenant brought by the plaintiffs, to recover the sum of 225 dollars, for rent alleged to be due from the ninth day of April, 1807, to the ninth day of January, 1808, of a chocolate mill demised by the plaintiffs to the defendants, by a certain indenture between the parties dated the third day of November, 1806. The defendants prayed oyer of the indenture, upon which it ppears that the plaintiffs thereby covenanted, among other things, to build a chocolate mill, in a place agreed upon, of certain dimensions, and in a certain manner mentioned in the indenture; and did,…
1Opinion of the CourtSewall, J.
[After stating the plaintiffs’ demand, the several issues, and the verdict.] By a motion in arrest of judgment, this question, arising upon the defendants’ third plea, is to be decided by the Court, viz., — whether, after a destruction by fire of the buildings demised, the lessors, without rebuilding, can recover their rent. *56The supposed hardship of the case has been urged upon the attention of the Court, as an argument for the defendants. The answer to this argument is, that a lease for years is a sale of the demised premises for the term; and, unless in the case of an express stipulation…
2Cases cited1 opinion
- Phillips v. StevensMassachusetts Supreme Judicial Court · 1819
3Cited by6 opinions
- Wattles v. South Omaha Ice & Coal Co.Nebraska Supreme Court · 1897
- Hathaway v. RussellMassachusetts Supreme Judicial Court · 1820
- Love v. AmslerCourt of Appeals of Minnesota · 1989
- Atkins v. PrescottSuperior Court of New Hampshire · 1839
- Diamond v. HarrisTexas Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.