Spear v. Hardon
Massachusetts Supreme Judicial Court
Contract on a covenant to pay rent contained in a lease in writing under seal dated September 1, 1911, to recover the amount of $90, being two months’ rent at the rate of $45 a month.
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Contract on a covenant to pay rent contained in a lease in writing under seal dated September 1, 1911, to recover the amount of $90, being two months’ rent at the rate of $45 a month. Writ in the Municipal Court of the City of Boston dated September 5, 1912. The answer alleged that, if the defendant signed the lease, he signed it in consideration of the plaintiff’s oral agreement to build a covered veranda connecting with the leased apartment and to further adapt the apartment for the special use of the defendant’s wife, who was an invalid, that the plaintiff failed to perform this agreement…
1Opinion of the CourtRugg, C. J.
This is an appeal from a decision of the Appellate Division of the Municipal Court of the City of Boston under St. 1912, c. 649.
A word needs to be said as to the form in which the case comes before us. There is in the record an unsigned recital entitled “ (Memo.) ” setting out the history of the case and the action of the Appellate Division. There is no judgment signed by the judges nor indorsement by the clerk that it is by order of the court. The decision of the Appellate Division should be set forth in the form in which it is entered. Under the statute that court “may reverse, vacate or…
2Cases cited3 opinions
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Graffam v. PierceMassachusetts Supreme Judicial Court · 1887
- Edison Electric Illuminating Co. v. Gibby Foundry Co.Massachusetts Supreme Judicial Court · 1907
3Cited by9 opinions
- Cohen v. PriceMassachusetts Supreme Judicial Court · 1930
- H. D. Foss & Co. v. WhiddenMassachusetts Supreme Judicial Court · 1925
- Western Newspaper Union v. DittemoreMassachusetts Supreme Judicial Court · 1928
- McMillan v. WickstromMassachusetts Supreme Judicial Court · 1923
- MacAlman v. GleasonMassachusetts Supreme Judicial Court · 1917
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