Upton v. Hosmer
Supreme Court of New Hampshire
.Hill in Equity, praying for specific performance, etc. Facts found by a referee. An instrument under seal, dated August 1, 1878, between .David F. Clark and Mason W. Tappan, was in tlie following terms: “ Witnesseth that in consideration of tlie rents and covenants hereinafter reserved- and contained, on tlie part of tlie said Tappan to be paid and performed, tlie said Clark doth lease to tlie said Tappan a certain piece of land in said New-bury, at Pine Cliff, so called,…
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.Hill in Equity, praying for specific performance, etc. Facts found by a referee. An instrument under seal, dated August 1, 1878, between .David F. Clark and Mason W. Tappan, was in tlie following terms: “ Witnesseth that in consideration of tlie rents and covenants hereinafter reserved- and contained, on tlie part of tlie said Tappan to be paid and performed, tlie said Clark doth lease to tlie said Tappan a certain piece of land in said New-bury, at Pine Cliff, so called, on the east side of Sunapee lake, on which said Tappan’s cottage now stands, containing one half acre, more or less, and…
1Opinion of the CourtPike, J.
The defendants say that the plaintiff is not entitled to a renewal because of a breach of the covenant not to assign. The plaintiff says that the lease contained no such covenant, and that if it did, all rights that resulted to the lessor and Ms heirs therefrom were waived by the acceptance of rent from the plaintiff’s husband.
In order that the parties to a lease may be bound by covenants, it is not necessary that they be expressed in any special form. It is sufficient if the intention of the parties can be gathered from the instrument, read in the light of the competent evidence bearing upon…
2Cases cited7 opinions
- Kennard v. KennardSupreme Court of New Hampshire · 1884
- Houghton v. PatteeSupreme Court of New Hampshire · 1878
- Brown v. BartlettSupreme Court of New Hampshire · 1879
- Rice v. Boston Port & Seaman's Aid SocietySupreme Court of New Hampshire · 1875
- Morse v. MorseSupreme Court of New Hampshire · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hayward v. SpauldingSupreme Court of New Hampshire · 1908
- Lamenza v. SheltonSupreme Court of Connecticut · 1921
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