Shaw v. Farnsworth
Massachusetts Supreme Judicial Court
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
- Kabley v. Worcester Gas Light Co.Massachusetts Supreme Judicial Court · 1869
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- Colclough v. CarpelesWisconsin Supreme Court · 1895
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