Legal Opinion

Baker v. Horan

Massachusetts Supreme Judicial Court

Decided June 25, 1917PublishedCited by 8 opinions

Contract, upon certain covenants in a lease by the plaintiff to the defendants of a building on Canal Street in Boston. Writ dated October 4, 1915. The action was referred to an auditor under a rule which provided that his findings of fact should be final.

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Contract, upon certain covenants in a lease by the plaintiff to the defendants of a building on Canal Street in Boston. Writ dated October 4, 1915. The action was referred to an auditor under a rule which provided that his findings of fact should be final. The material provisions of the lease were as follows: “The Lessees during the continuance of this lease, at their own expense are to keep all and singular the premises in such repair, order and condition as the same are in at the commencement of said term, and make all repairs, replacements and improvements of whatever nature, inside and…

1Opinion of the CourtDe Courcy, J.

By an indenture made the first day of June 1910, the plaintiff demised to the defendants a building on Canal Street, Boston, for the term of five years. In the lease the defendants “agree that they will pay all taxes beginning with the taxes of 1910 and assessments of every description which may be payable either by landlord or tenant, promptly when due, whether assessed by the City of Boston or the Commonwealth of Massachusetts.” The plaintiff seeks, under the first count in his declaration, to recover the amount of the taxes assessed upon the leased premises for the year 1915.

The language…

2Cases cited6 opinions

  1. Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
  2. Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
  3. Welch v. PhillipsMassachusetts Supreme Judicial Court · 1916
  4. Amory v. MelvinMassachusetts Supreme Judicial Court · 1873
  5. Richardson v. GordonMassachusetts Supreme Judicial Court · 1905

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

3Cited by8 opinions

  1. Commonwealth v. BadgerMassachusetts Supreme Judicial Court · 1922
  2. Corbett v. Derman Shoe Co.Massachusetts Supreme Judicial Court · 1959
  3. Erhard v. F. W. Woolworth Co.Massachusetts Supreme Judicial Court · 1978
  4. Strecker v. BarnardCalifornia Court of Appeal · 1952
  5. Welch v. GordonMassachusetts Supreme Judicial Court · 1933

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

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