Barnett v. Clark
Massachusetts Supreme Judicial Court
Contract on a covenant to pay rent contained in a lease of the premises numbered 457 on Worthington Street in Springfield.
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Contract on a covenant to pay rent contained in a lease of the premises numbered 457 on Worthington Street in Springfield. Writ dated December 14, 1914. The answer, among other things, alleged “that said demised premises were at the time of the execution of said lease solely fitted for use as a garage and were not adapted for other purposes and had no value under said lease except for use as a garage; and that defendant has not paid the rent for the month of November, 1914, but he has otherwise fully complied with and performed all the covenants and agreements that said lease contained on his…
1Opinion of the CourtPierce, J.
The question presented on the report is whether in an action to recover unpaid rent due on a covenant contained in an indenture of lease, evidence should have been admitted that, after the lessee had entered under the lease, the Massachusetts district police under authority of law adopted certain regulations *188governing the construction and maintenance of garages, compliance with which “necessitated the expenditure of considerable sums of money in the making of changes and alterations to make the demised premises conform thereto.”
The contention that the evidence was admissible rests on the…
2Cases cited5 opinions
- Lumiansky v. TessierMassachusetts Supreme Judicial Court · 1912
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
- Bartlett v. FarringtonMassachusetts Supreme Judicial Court · 1876
- Voss v. SylvesterMassachusetts Supreme Judicial Court · 1909
3Cited by11 opinions
- Bovin v. GalitzkaNew York Court of Appeals · 1929
- Mutual Paper Co. v. Hoague-Sprague Corp.Massachusetts Supreme Judicial Court · 1937
- Gade v. National Creamery Co.Massachusetts Supreme Judicial Court · 1949
- Anderson Drive-In Theatre, Inc. v. KirkpatrickIndiana Court of Appeals · 1953
- Baker v. HoranMassachusetts Supreme Judicial Court · 1917
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