Skally v. Shuts
Massachusetts Supreme Judicial Court
Contract in two counts. The first count was for the violation by the defendants of their covenant for quiet enjoyment in a lease by them to the plaintiff of a lot of land with a wooden building thereon in Endicott Street in Boston for the term of fifteen years from November 1,1870. The second count was for breach of an agreement in said lease, whereby the defendants agreed that “ at the end of said term, and when the lessee, his representatives and assigns, shall cease to…
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Contract in two counts. The first count was for the violation by the defendants of their covenant for quiet enjoyment in a lease by them to the plaintiff of a lot of land with a wooden building thereon in Endicott Street in Boston for the term of fifteen years from November 1,1870. The second count was for breach of an agreement in said lease, whereby the defendants agreed that “ at the end of said term, and when the lessee, his representatives and assigns, shall cease to occupy the premises,” they would pay the lessee for a building which the lessee agreed forthwith to erect on the land.…
1Opinion of the CourtW. Allen, J.
The question of the intention of the defendants was treated at the trial as a question of fact, to be tried by the jury upon inferences which they might draw from the acts themselves, and from other evidence in the case, including the *370testimony of one of the defendants that she did not have any intention of destroying the plaintiff’s enjoyment and occupation of the premises, and with instructions that, unless the jury found that the acts were done by the defendants with the intention that the lessee should no longer continue to hold the premises or to have the enjoyment thereof, there could…
2Cases cited2 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Sherman v. WilliamsMassachusetts Supreme Judicial Court · 1873
3Cited by52 opinions
- Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
- Keating v. SpringerIllinois Supreme Court · 1893
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Nelson Theatre Co. v. NelsonMassachusetts Supreme Judicial Court · 1913
- Westland Housing Corp. v. ScottMassachusetts Supreme Judicial Court · 1942
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