Taylor v. Finnigan
Massachusetts Supreme Judicial Court
Contract on a covenant in a lease in writing, for rent of a portion of the theatre building on Pleasant Street in Worcester for the months of June and July, 1904. Writ dated August 13,1904. The lease, a copy of which was annexed to the declaration, contained the following ordinary covenant of the lessee in regard to repairs: “ And also will keep all and singular the said premises in such repair as the same are in at the commencement of said term, or may be put in by the said…
Read the full summary
Contract on a covenant in a lease in writing, for rent of a portion of the theatre building on Pleasant Street in Worcester for the months of June and July, 1904. Writ dated August 13,1904. The lease, a copy of which was annexed to the declaration, contained the following ordinary covenant of the lessee in regard to repairs: “ And also will keep all and singular the said premises in such repair as the same are in at the commencement of said term, or may be put in by the said lessor or his representatives during the continuance thereof, reasonable use and wear, and damage by accidental fire or…
1Opinion of the CourtBraley, J.
By the terms of the lease there was no implied warranty that the building leased was fitted for occupation as a. theatre, or for any particular use, and the lessee was at liberty to occupy the estate for the pursuit of any lawful business. Dutton v. Gerrish, 9 Cush. 89. Stevens v. Pierce, 151 Mass. 207. He chose to conduct a place of amusement for the public, and his occupation and enjoyment of the demised premises has. continued without interference by any wrongful act of the plaintiff. Unless the allegations contained in the answer, and which for the purposes of this case are admitted by…
2Cases cited24 opinions
- Emerson v. SlaterSupreme Court of the United States · 1860
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Myers v. . BurnsNew York Court of Appeals · 1866
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
19 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
- In Re BarnettCourt of Appeals for the Second Circuit · 1926
- McNally v. MoserCourt of Appeals of Maryland · 1956
- Mutual Paper Co. v. Hoague-Sprague Corp.Massachusetts Supreme Judicial Court · 1937
- Stone v. SullivanMassachusetts Supreme Judicial Court · 1938
49 more not listed; retrieve them via the Exa API.