Gannett v. Albree
Massachusetts Supreme Judicial Court
Bill in equity for specific performance of an agreement to renew the lease of a dwelling-house numbered 28 on Pemberton Square in Boston.
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Bill in equity for specific performance of an agreement to renew the lease of a dwelling-house numbered 28 on Pemberton Square in Boston. At the hearing in this court, before Morton, J, it appeared that the defendant demised the premises to George W. Bassett for the term of three years from August 1, 1866, by an indenture in which the lessee covenanted not to lease nor underlet the premises, nor permit any other person or persons to occupy or improve the same without the written approbation of the lessor, and the lessor agreed that the lessee should have the right to renew the lease at his…
1Opinion of the CourtAmes, J.
By the terms of the lease, the lessor had a right to insist that the house should be occupied as a residence, and used 11 strictly as a private dwelling,” and not for any !< public or objectionable purpose.” When the lease was assigned tó the plaintiff, he took it subject to all the covenants which it reserved or contained, to be kept and fulfilled on the part of tire original lessee. The consent of the lessor that the plaintiff might occupy and use the house himself, in connection with his school for young ladies, cannot fairly be construed as a general or absolute waiver of the limitations…
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