Legal Opinion

Shaw v. Farnsworth

Massachusetts Supreme Judicial Court

Decided November 15, 1871PublishedCited by 9 opinions

Action on the Gen. Sts. c. 137, for possession of part of a dwelling-house in Peabody. Writ dated December 9, 1870. In the superior court, on appeal from the police court of Salem, the parties stated the following case : The house was property of the Essex Glue Company, a partnership consisting of Elijah W. Upton, Thaddeus W. Walker and Nehemiah Walker, the latter two themselves partners under the firm of Walker & Brother.

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Action on the Gen. Sts. c. 137, for possession of part of a dwelling-house in Peabody. Writ dated December 9, 1870. In the superior court, on appeal from the police court of Salem, the parties stated the following case : The house was property of the Essex Glue Company, a partnership consisting of Elijah W. Upton, Thaddeus W. Walker and Nehemiah Walker, the latter two themselves partners under the firm of Walker & Brother. On November 26,1869, Thomas L. Putnam, who was in occupation of it as a tenant at will, wrote to Walker & Brother, that, “if you will put into the house I now occupy a new…

1Opinion of the CourtAmes, J.

According to the decisions in Bacon v. Bowdoin, 22 Pick. 401, Doe v. Ries, 1 Moore & Scott, 259, Hancock v. Caffyn, Ib. 521, and Kabley v. Worcester Gas Light Co. 102 Mass. 392, the letters which passed between the original parties must be considered as a lease, and not as a mere agreement that a lease should be drawn up and executed at a future time. The proposition by Putnam was not to take a lease of the house, but to take “ the bouse,” for a specified term and a specified rent. The lessors on *360their part reply that the proposal “ to lease the house,” for the term and at the rent proposed,…

2Cases cited1 opinion

  1. Kabley v. Worcester Gas Light Co.Massachusetts Supreme Judicial Court · 1869

3Cited by9 opinions

  1. Alfano v. DonnellyMassachusetts Supreme Judicial Court · 1934
  2. Loitherstein v. International Business MacHines Corp.Massachusetts Appeals Court · 1980
  3. Duncklee v. WebberMassachusetts Supreme Judicial Court · 1890
  4. Wunsch v. DonnellyMassachusetts Supreme Judicial Court · 1939
  5. Colclough v. CarpelesWisconsin Supreme Court · 1895

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