Sutton v. Goodman
Massachusetts Supreme Judicial Court
Contract by the assignee of Walter S. Harris for $300 deposited by Harris with the defendant as security for the performance of the terms of a lease of certain property numbered 114-118 on Washington Street in Boston, which had been terminated by the defendant. Writ in the Municipal Court of the City of Boston dated February 27, 1906. On appeal to the Superior Court the case was tried before Bond, J., without a jury.
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Contract by the assignee of Walter S. Harris for $300 deposited by Harris with the defendant as security for the performance of the terms of a lease of certain property numbered 114-118 on Washington Street in Boston, which had been terminated by the defendant. Writ in the Municipal Court of the City of Boston dated February 27, 1906. On appeal to the Superior Court the case was tried before Bond, J., without a jury. The material parts of the lease were as follows: “ To hold for the term of five years and four months beginning with the first day of October A. D. 1905, yielding and paying…
1Opinion of the CourtSheldon, J.
By the terms of the lease to Harris, the plain*394tiff’s assignor, it was to become null and void at the defendant’s option, upon the failure by the lessee to pay any or either of the monthly payments of rent when due. Harris paid the rent up to the first day of January, but failed to pay the monthly rent which became due in advance on that day. Thereupon the defendant, on January 2, 1905, by notice to Harris, declared the lease null and void, and afterwards actually ejected him from the leased premises, upon an execution taken out on a judgment obtained against him under R. L. c. 181. The…
2Cases cited7 opinions
- Dexter v. PhillipsMassachusetts Supreme Judicial Court · 1876
- Hammond v. ThompsonMassachusetts Supreme Judicial Court · 1897
- Emmes v. FeeleyMassachusetts Supreme Judicial Court · 1882
- Edmands v. Rust & Richardson Drug Co.Massachusetts Supreme Judicial Court · 1906
- Holbrook v. GayMassachusetts Supreme Judicial Court · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- R. H. White Co. v. Remick & Co.Massachusetts Supreme Judicial Court · 1908
- Caruso v. ShelitMassachusetts Supreme Judicial Court · 1933
- Cunningham v. StockonSupreme Court of Kansas · 1910
- Feneck v. NowakowskiSupreme Court of Connecticut · 1959
- Fifty Associates v. Berger Dry Goods Co.Massachusetts Supreme Judicial Court · 1931
21 more not listed; retrieve them via the Exa API.