Knowles v. Hull
Massachusetts Supreme Judicial Court
Action under Gen. Sts. c. 137, for possession of a tenement in the basement of a meeting-house in Westfield. In the superior court, the facts were agreed and judgment was entered thereon for the defendant, and the plaintiff appealed to this court.
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Action under Gen. Sts. c. 137, for possession of a tenement in the basement of a meeting-house in Westfield. In the superior court, the facts were agreed and judgment was entered thereon for the defendant, and the plaintiff appealed to this court. The facts, as agreed, were substantially as follows: The building was owned by the Central Baptist Society in Westfield, and the defendant took possession of the demanded premises April 1, 1863, under a lease “ to hold for the term of three years from the first day of April 1863, with the privilege of two years in addition, unless the society shall…
1Opinion of the CourtChapman, J.
The defendant’s lease was “ to hold for the terra f three years from the first day of April 1863, with the privilege of two years in addition, unless the society shall sell said store, in. which case the privilege of two years in addition shall be null and void.” The court are of opinion that by the fair construction of this language, the privilege of the two years was to be void in case of a sale of the store at any time, either before the *208two years should commence, or while they were running. There is no limitation of the time within which the sale spoken of shall take place in order to…
2Cited by1 opinion
- Knowles v. HullMassachusetts Supreme Judicial Court · 1868