Nesson v. Adams
Massachusetts Supreme Judicial Court
Two actions of contract, each upon a covenant in a lease for the rent of a suite of rooms in an apartment house on Massachusetts Avenue in Cambridge. Writs in the Third District Court of Eastern Middlesex dated respectively October 21, 1908, and March 20, 1909. On appeal to the Superior Court the cases were tried together before Wait, J. The evidence is described in the opinion.
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Two actions of contract, each upon a covenant in a lease for the rent of a suite of rooms in an apartment house on Massachusetts Avenue in Cambridge. Writs in the Third District Court of Eastern Middlesex dated respectively October 21, 1908, and March 20, 1909. On appeal to the Superior Court the cases were tried together before Wait, J. The evidence is described in the opinion. The letter of the defendant Adams to the plaintiff, referred to in the opinion, complained about the condition of the premises and stated that unless these conditions were remedied they would be treated as sufficient…
1Opinion of the CourtDeCourcy, J.
These are two actions for rent under leases, and were tried together as the facts were substantially alike. The main question argued is whether the evidence warranted the-jury in finding an eviction by the plaintiff lessor, operating as a defense.
It is not contended that the tenants were expelled by the assertion of a paramount title, and by process of law, in accordance with the original and technical meaning of an eviction. 16 Cyc. 820. Nor were they physically turned out of possession of the leased premises. But it is contended -that the acts of the plaintiff resulted in a substantial…
2Cases cited5 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- McCall v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1909
- Voss v. SylvesterMassachusetts Supreme Judicial Court · 1909
- McKay v. MyersMassachusetts Supreme Judicial Court · 1897
- Swampscott Machine Co. v. RiceMassachusetts Supreme Judicial Court · 1893
3Cited by21 opinions
- Boston Housing Authority v. HemingwayMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. SlavskiMassachusetts Supreme Judicial Court · 1923
- Shindler v. MildenMassachusetts Supreme Judicial Court · 1933
- Conroy v. ToomayMassachusetts Supreme Judicial Court · 1920
- Raynes v. StevensMassachusetts Supreme Judicial Court · 1914
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