Gunsenhiser v. Binder
Massachusetts Supreme Judicial Court
Summary process, under R. L. c. 181, for the possession of land at the corner of Huntington Avenue and Tremont Street in Boston. ■ Writ in the Municipal Court of the Roxbury District of the City of Boston dated February 4,1910. On appeal to the Superior Court, the case was heard by Sanderson, J., without a jury.
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Summary process, under R. L. c. 181, for the possession of land at the corner of Huntington Avenue and Tremont Street in Boston. ■ Writ in the Municipal Court of the Roxbury District of the City of Boston dated February 4,1910. On appeal to the Superior Court, the case was heard by Sanderson, J., without a jury. It appeared that the plaintiff’s predecessor in title on December 20,1904, had executed and delivered to the defendant’s predecessor in title a lease of the premises “ for a term of ten years from January 1,1905, to January 1, 1915, at an annual rent of one hundred dollars during said…
1Opinion of the CourtKnowlton, C. J.
This is an action of ejectment brought under the R. L. c. 181, § 1. The rights of the parties depend upon the construction of a lease made by the plaintiff’s predecessor in title to the predecessor in title of the defendant. The lease contains the following provision: “If the lessor at any time after the expiration of the first five years of this lease desires to sell the land, this lease may be terminated on thirty days’ notice in writing of the lessor’s determination and the payment by the said lessor to the lessee of the sum of $400 as liquidated damages for the termination of said lease,…
2Cases cited4 opinions
- DeFriest v. BradleyMassachusetts Supreme Judicial Court · 1906
- Knowles v. HullMassachusetts Supreme Judicial Court · 1868
- Shaw v. AppletonMassachusetts Supreme Judicial Court · 1894
- O'Connor v. DailyMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Scofield v. Berman & Sons, Inc.Massachusetts Supreme Judicial Court · 1984
- Tamura v. DeIuliisOregon Supreme Court · 1955
- Chetteville v. GrantMassachusetts Supreme Judicial Court · 1912
- Luse v. ElliottSupreme Court of Iowa · 1927
- Young v. Mobil Oil Corp.Massachusetts Appeals Court · 1976
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