Miller v. Wadsworth, Howland & Co.

This is an action of contract on a lessee’s covenant to pay taxes on the demised premises. The case was heard by a judge of the Superior Court, sitting without a jury, on an agreed statement of facts, and upon request of the parties was reported by him, without decision, for the determination of this court, “such judgment to be entered as justice may require.” G. L. (Ter. Ed.) c. 231, § 111.

The demised premises are located in Boston. They were demised by a lease executed January 23, 1914, for a term of twenty years beginning with January 1, 1915. The plaintiff is the assignee of the claim of…