Donaldson v. Strong
Massachusetts Supreme Judicial Court
Contract for rent accruing under a lease of premises by the plaintiff to one Sheehy, the lease having been assigned to the defendant by Sheehy. Writ in the Superior Court for the county of Suffolk dated March 17,1904. There was a trial before Pierce, J., without a jury, upon an agreed statement of facts and a finding and judgment for the defendant. The plaintiff appealed.
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Contract for rent accruing under a lease of premises by the plaintiff to one Sheehy, the lease having been assigned to the defendant by Sheehy. Writ in the Superior Court for the county of Suffolk dated March 17,1904. There was a trial before Pierce, J., without a jury, upon an agreed statement of facts and a finding and judgment for the defendant. The plaintiff appealed. Of the facts agreed upon the following are material: The plaintiff leased a store on Washington Street in Boston to one Sheehy by an instrument dated September 1, 1900, for a term of five years, rent to be paid on the first…
1Opinion of the CourtHammond, J.
This was an action of contract for rent accrued under a lease under seal, and was brought by the original lessor *431against the assignee of the leasehold interest. The principles of law upon which the decision of the case turns are familiar and well settled.
The defendant being the assignee was liable by reason of privity of estate for the rent accruing during the time he was the owner of the leasehold interest. “ In such a case the liability of the original lessee does not depend upon privity of estate, for he has parted with his whole interest, but upon privity of contract, and continues during…
2Cases cited4 opinions
- Sanders v. PartridgeMassachusetts Supreme Judicial Court · 1871
- Mason v. SmithMassachusetts Supreme Judicial Court · 1881
- Farrington v. KimballMassachusetts Supreme Judicial Court · 1879
- McCormick v. StowellMassachusetts Supreme Judicial Court · 1885
3Cited by12 opinions
- Mann v. . Munch BreweryNew York Court of Appeals · 1919
- Johnson v. StoneMassachusetts Supreme Judicial Court · 1913
- Wishnewsky v. Town of SaugusMassachusetts Supreme Judicial Court · 1950
- Pickler v. MershonSupreme Court of Iowa · 1931
- Seeburger v. CohenSupreme Court of Iowa · 1933
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