Legal Opinion

Diebold Safe & Lock Co. v. Morse

Massachusetts Supreme Judicial Court

Decided March 13, 1917PublishedCited by 14 opinions

Bill in equity, filed in the Superior Court on October 1, 1915, for specific performance of an alleged lease of real estate by delivery of the premises to the plaintiff for occupation. In the Superior Court the suit was heard by McLaughlin, J., who found and reported, among other facts, those stated in the opinion, and reserved the case for determination by this court upon the pleadings and his report.

1Opinion of the CourtCarroll, J.

On or about August 1, 1915, the agents of the plaintiff entered into negotiations for the lease of the first floor of a building owned by the defendant, for the term of three years beginning September 1, 1915. The terms were agreed to, and *343duplicate indentures of lease were prepared in the defendant’s office. It was the intention of the parties that the lease was to be executed in duplicate, and it was a condition precedent to the creation of the leasehold that the lease should be executed by-lessor and lessee, and duplicates, so executed, mutually exchanged and delivered.

August 3, 1915,…

2Cases cited4 opinions

  1. Wilson v. PowersMassachusetts Supreme Judicial Court · 1881
  2. O'Malley v. GradyMassachusetts Supreme Judicial Court · 1915
  3. Nichols v. RosenfeldMassachusetts Supreme Judicial Court · 1902
  4. Robertson v. RowellMassachusetts Supreme Judicial Court · 1893

3Cited by14 opinions

  1. Kerwin v. DonaghyMassachusetts Supreme Judicial Court · 1945
  2. Kidder v. GreenmanMassachusetts Supreme Judicial Court · 1933
  3. Howland v. Town of PlymouthMassachusetts Supreme Judicial Court · 1946
  4. Codman v. DelandMassachusetts Supreme Judicial Court · 1918
  5. Guinness Import Co. v. DeStefanoMassachusetts Appeals Court · 1988

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