Minot v. Joy
Massachusetts Supreme Judicial Court
Contract on a covenant in a lease to pay taxes. Writ dated December 11, 1873. The case was submitted to the Superior Court, and to this court on appeal, on agreed facts in substance as follows: On April 1, 1869, James B. Bradlee leased to the defendants for the term of three years from July 1, 1869, “ store No. 57 and . 59 Franklin Street,” in Boston, by an indenture containing the following clauses: “ Yielding and paying (except only in case of fire or other casualty) as…
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Contract on a covenant in a lease to pay taxes. Writ dated December 11, 1873. The case was submitted to the Superior Court, and to this court on appeal, on agreed facts in substance as follows: On April 1, 1869, James B. Bradlee leased to the defendants for the term of three years from July 1, 1869, “ store No. 57 and . 59 Franklin Street,” in Boston, by an indenture containing the following clauses: “ Yielding and paying (except only in case of fire or other casualty) as hereinafter is mentioned, the sum of $9000 yearly, by equal quarterly payments of $2250 for each and every quarter during…
1Opinion of the CourtAmes, J.
By the express terms of the lease, the defendants have covenanted to pay a specific sum, in regular instalments, as rent, during the continuance of the term. They have also in like manner bound themselves to pay to the lessors “ all taxes and assessments .... which may become payable for or in respect of the premises during the term,” and according to the decision in Wilkinson v. Libbey, 1 Allen, 375, this covenant applies to all taxes assessed during the term upon the demised premises. Amery v Melvin, 112 Mass. 83. The stipulation that, in case of the *311destruction of the building by fire, the…
2Cases cited3 opinions
- Amory v. MelvinMassachusetts Supreme Judicial Court · 1873
- Sargent v. PrayMassachusetts Supreme Judicial Court · 1875
- Wood v. BogleMassachusetts Supreme Judicial Court · 1874
3Cited by2 opinions
- Hodgkins v. PriceMassachusetts Supreme Judicial Court · 1884
- Hunnewell v. BangsMassachusetts Supreme Judicial Court · 1894