Beal v. Boston Car Spring Co.
Massachusetts Supreme Judicial Court
Contract for rent due under a written lease made by Heyer Brothers to the defendant for the term of five years from April 1,1874, and by Heyer Brothers assigned to the plaintiff.
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Contract for rent due under a written lease made by Heyer Brothers to the defendant for the term of five years from April 1,1874, and by Heyer Brothers assigned to the plaintiff. At the trial in the Superior Court, before Allen, J., it appeared in evidence that the premises described in the lease of Heyel Brothers to the defendant constituted a part of the same premises which Heyer Brothers held under and by virtue oí a lease to them for a term of ten years from April 1, 1874, made by the plaintiff, who was the owner of the premises; that on February 7, 1877, when the plaintiff received the…
1Opinion of the CourtEndicott, J.
The plaintiff, being the owner of the estate, leased the same for the term of ten years to Heyer Brothers; and they, on the same day, leased a part of the premises to the defendant for a term of five years. It is to be inferred from the subsequent agreement between the plaintiff and Heyer Brothers that other underleases were made. Before the expiration of the underlease to the defendant, Heyer Brothers assigned it to the plaintiff; who at the same time indorsed on the original lease to Heyer Brothers an agreement releasing them from rent and accepting the surrender of their lease and the…
2Cases cited2 opinions
- Demarest v. WillardNew York Supreme Court · 1828
- Grundin v. CarterMassachusetts Supreme Judicial Court · 1868
3Cited by9 opinions
- Winnisimmet Trust, Inc. v. LibbyMassachusetts Supreme Judicial Court · 1919
- Albiani v. Evening Traveler Co.Massachusetts Supreme Judicial Court · 1914
- Appleton v. AmesMassachusetts Supreme Judicial Court · 1889
- Metropolitan Life Insurance v. HellingerNew York Court of Appeals · 1936
- Gardiner v. HigginsMassachusetts Supreme Judicial Court · 1920
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