Legal Opinion

Smith v. McEnany

Massachusetts Supreme Judicial Court

Decided November 27, 1897PublishedCited by 23 opinions

Contract, for rent under a written lease of certain premises in Boston, for breach of a covenant therein to repair, and, upon an account annexed, for use and occupation and for the cost of certain repairs. Answer: 1. A general denial. 2. An eviction. At the trial in the Superior Court, before Bishop, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.

1Opinion of the CourtHolmes, J.

This is an action upon a lease for rent, and for breach of a covenant to repair. There is also a count on an account annexed, for use and occupation, etc., but nothing turns on it. The defence is an eviction. The land is a lot in the city of Boston, the part concerned being covered by a shed which was used by the defendant to store wagons. The eviction relied on was the building of a permanent brick wall for a building on adjoining land belonging to the plaintiff’s husband, which encroáched nine inches by the plaintiff’s admission, or, as his witness testified from measurements, thirteen and…

2Cases cited6 opinions

  1. Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
  2. Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
  3. Fillebrown v. HoarMassachusetts Supreme Judicial Court · 1878
  4. Sherman v. WilliamsMassachusetts Supreme Judicial Court · 1873
  5. Colburn v. MorrillMassachusetts Supreme Judicial Court · 1875

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3Cited by23 opinions

  1. Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
  2. Echo Consulting Services, Inc. v. North Conway BankSupreme Court of New Hampshire · 1995
  3. Westland Housing Corp. v. ScottMassachusetts Supreme Judicial Court · 1942
  4. A. W. Banister Co. v. P. J. W. Moodie Lumber Corp.Massachusetts Supreme Judicial Court · 1934
  5. Roth v. AdamsMassachusetts Supreme Judicial Court · 1904

18 more not listed; retrieve them via the Exa API.

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