Roberts v. Lynn Ice Co.
Massachusetts Supreme Judicial Court
Contract for $1,525 of rent alleged to be due under an instrument in writing alleged to be a lease, with a second count for the same sum for use and occupation of the premises. Writ dated January 7,1903. There was an answer and a declaration in set-off. In the Superior Court the case was tried before Schofield, J., without a jury.
Read the full summary
Contract for $1,525 of rent alleged to be due under an instrument in writing alleged to be a lease, with a second count for the same sum for use and occupation of the premises. Writ dated January 7,1903. There was an answer and a declaration in set-off. In the Superior Court the case was tried before Schofield, J., without a jury. He found for the defendant on the first count of the declaration, and on the second count found for the plaintiff in the sum of $632.34. Upon the declaration in set-off the judge found for the defendant in the sum of $21.51. Upon the whole case the judge found that…
1Opinion of the CourtLoring, J.
The plaintiff’s right to recover on the first count depends upon the character of the instrument originally executed by the plaintiff’s husband and extended by her after his death. If it was a lease, the ice houses were the property of the defendant for the term ending December 15, 1902, and the loss caused by their being burned to the ground is the defendant’s loss for the unexpired part of that term a portion of a year. If on the other hand the defendant under the instrument here in question was as matter of contract to have the use of the ice houses as a licensee under the plaintiff, the…
2Cases cited12 opinions
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- White v. MaynardMassachusetts Supreme Judicial Court · 1872
- Central Mills Co. v. HartMassachusetts Supreme Judicial Court · 1878
- Lawe v. HydeWisconsin Supreme Court · 1876
- Shawmut National Bank v. City of BostonMassachusetts Supreme Judicial Court · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
- Gaston v. GordonMassachusetts Supreme Judicial Court · 1911
- Hamilton Manufacturing Co. v. City of LowellMassachusetts Supreme Judicial Court · 1931
- Stone v. SullivanMassachusetts Supreme Judicial Court · 1938
- Stevenson v. DonnellyMassachusetts Supreme Judicial Court · 1915
38 more not listed; retrieve them via the Exa API.