Phillips v. Stevens
Massachusetts Supreme Judicial Court
Covenant broken on a demise by indenture by the plaintiff to the defendant, of a dwelling-house' and barn, with one acre of land, for four years from the 1st of May, 1815. The covenants, of which the breach is alleged, are, that the defendant would keep ip, repair, support and maintain all and singular the fences and buildings, saving and excepting the natural decay of the same, as should be needful, at his own proper cost and charge; and at the end of said term, or other…
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Covenant broken on a demise by indenture by the plaintiff to the defendant, of a dwelling-house' and barn, with one acre of land, for four years from the 1st of May, 1815. The covenants, of which the breach is alleged, are, that the defendant would keep ip, repair, support and maintain all and singular the fences and buildings, saving and excepting the natural decay of the same, as should be needful, at his own proper cost and charge; and at the end of said term, or other certain determination of said lease, whichever should first happen, would quietly leave, surrender and yield up the…
1Opinion of the CourtParker, C. J.
The point presented by the pleadings in this case seems to have been considered to be very clear by the bar ; for the counsel for the defendant, although industrious and able, could produce no authority to justify their plea. On the other hand, the authorities in favor of the plaintiff" are numerous, clear and decisive; so that, whatever may be thought of the merits of the doctrine they maintain, when first established, there is no escape from it now, *202until the legislature shall see fit to alter the law, which it is hardly probable they will ever do; since parties may always protect…
2Cited by49 opinions
- Fuchs Murane v. GoeWyoming Supreme Court · 1945
- Beach v. . CrainNew York Court of Appeals · 1848
- McCreery v. GreenMichigan Supreme Court · 1878
- Young v. . LearyNew York Court of Appeals · 1892
- Cook v. McCabeWisconsin Supreme Court · 1881
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