Murray v. Cherrington
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, for possession of a dwelling-house in South Boston. Writ dated April 20,1867. At the trial in the superior court, before Wilkinson, J., without a jury, the defendant contended that he held the premises of right against the plaintiff, by virtue of a letter of the plaintiff, dated September 20, 1866, and stamped with an internal revenue stamp, and of certain subsequent receipts of the plaintiff, all of which were introduced in evidence.
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Action on the Gen. Sts. c. 137, for possession of a dwelling-house in South Boston. Writ dated April 20,1867. At the trial in the superior court, before Wilkinson, J., without a jury, the defendant contended that he held the premises of right against the plaintiff, by virtue of a letter of the plaintiff, dated September 20, 1866, and stamped with an internal revenue stamp, and of certain subsequent receipts of the plaintiff, all of which were introduced in evidence. The letter, signed by the plaintiff and addressed to the defendant, ran as follows: “I hereby let you the whole of my house on…
1Opinion of the CourtFoster, J.
1. Upon very familiar principles, paroi evidence was inadmissible to aid the construction of the letter from the plaintiff to the defendant, which was claimed to create a lease for years.
2. We are also of opinion that the ruling of the presiding judge was correct, that the terms of this letter did not create an estate for years, namely, a lease for two years, between the parties. The duration of a lease for years must be certain ; this includes both its commencement and termination. It may be conceded that a lease for years may begin “ when a house is suitable to be occupied,” according to…
2Cited by19 opinions
- Hill v. HunterCourt of Appeals of Texas · 1913
- Stanmeyer v. DavisAppellate Court of Illinois · 1944
- Carlisle v. WeiscopfMassachusetts Supreme Judicial Court · 1921
- Idalia Realty & Development Co. v. NormanSupreme Court of Missouri · 1911
- Wunsch v. DonnellyMassachusetts Supreme Judicial Court · 1939
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