Joseph v. Mahoney Corporation

ARCHER, Chief Justice.

Plaintiff sued defendant upon a written lease contract executed on April 5, 1956, covering premises leased from plaintiff to defendant at 1008 and 1010 Congress Avenue.

Paragraph 7 provided:

“It is agreed that Lessee shall pay all taxes in excess of taxes assessed. against said property over and above City, County and State taxes for the year 1951.”

It is stipulated that, if owned by defendant, plaintiff is entitled to the amount in the judgment, $2,710.52, with legal interest at 6%, from October 2, 1962. No attorneys-fees were allowed.

Defendant answered alleging that…