Duncklee v. Webber
Massachusetts Supreme Judicial Court
Contract for breach of an implied covenant for quiet enjoyment in an alleged lease in writing. Trial in the Superior Court, before Staples, J., who reported the case for the determination of this court in substance as follows. The lease in question was alleged to be contained in certain paper writings, referred to as A and B respectively.
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Contract for breach of an implied covenant for quiet enjoyment in an alleged lease in writing. Trial in the Superior Court, before Staples, J., who reported the case for the determination of this court in substance as follows. The lease in question was alleged to be contained in certain paper writings, referred to as A and B respectively. Paper A was as follows: “We have leased to Charles T. Duncklee, of Brookline, the estate of George F. Webber, situated on Babcock Street in said Brookline, and consisting of dwelling-house and stable, together with the grounds belonging to them, and…
1Opinion of the CourtC. Allen, J.
The court having ordered a verdict for the defendant, we have only to consider whether in any aspect of the case a verdict for the plaintiff would have been warranted.
1. There was sufficient evidence that Lincoln and Son had authority to let the premises for three years. One of the firm *411testified that the defendant “ told us to let the house for eight hundred dollars a year, and the time was three years.” Shortly after the letting, (the time is not stated exactly, but the jury might have found it to be in the following month,) the witness informed the defendant of the renting of the estate to…
2Cases cited9 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
- Amory v. KannoffskyMassachusetts Supreme Judicial Court · 1875
- McGrath v. City of BostonMassachusetts Supreme Judicial Court · 1869
- Goodenough v. ThayerMassachusetts Supreme Judicial Court · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Westland Housing Corp. v. ScottMassachusetts Supreme Judicial Court · 1942
- Bocchini v. Gorn Management Co.Court of Special Appeals of Maryland · 1986
- Alfano v. DonnellyMassachusetts Supreme Judicial Court · 1934
- Industrial Bankers of Massachusetts, Inc. v. Reid, Murdoch & Co.Massachusetts Supreme Judicial Court · 1937
- Miller v. GordonIllinois Supreme Court · 1921
10 more not listed; retrieve them via the Exa API.