McCormick v. Stowell
Massachusetts Supreme Judicial Court
Contract upon the covenant in a lease by the defendant to the plaintiff of certain rooms on Winter Street in Boston, to be used as a photograph studio, for the full term of ten years from November 1, 1877, that “ the lessor doth hereby agree to keep heated the aforesaid rooms from October 1 until May 1 every year during the term of this lease.”
Read the full summary
Contract upon the covenant in a lease by the defendant to the plaintiff of certain rooms on Winter Street in Boston, to be used as a photograph studio, for the full term of ten years from November 1, 1877, that “ the lessor doth hereby agree to keep heated the aforesaid rooms from October 1 until May 1 every year during the term of this lease.” The lease also con.tained the covenant that the lessee “ or others having his estate in the premises will not assign this lease .... without the consent of the said lessor ” in writing first obtained. On May 1, 1878, an assignment by the lessee of one…
1Opinion of the CourtC. Allen, J.
The covenant by the lessee, that he or others having his estate in the premises will not assign this lease *434without the written consent of the lessor, does not by its true construction extend so far as to prohibit a reassignment to the lessee himself without a new and special consent of the lessor. By the lease itself, the lessor consents to take the lessee as his tenant for the full term mentioned in the lease. This consent is available for any reassignment to the original lessee duping the term. There was therefore no breach of the covenant. The statement in the bill of exceptions, that the…
2Cited by10 opinions
- Coulos v. DesimoneWashington Supreme Court · 1949
- Shoemaker v. ShaugCourt of Appeals of Washington · 1971
- Donaldson v. StrongMassachusetts Supreme Judicial Court · 1907
- Bloom, South & Gurney, Inc. v. MitchellMassachusetts Supreme Judicial Court · 1935
- Granite Trust Bldg. Corp. v. Great Atlantic & Pacific Tea Co.District Court, D. Massachusetts · 1940
5 more not listed; retrieve them via the Exa API.