Pevey v. Skinner
Massachusetts Supreme Judicial Court
Tort for placing a sign on the outer wall of the plaintiff’s room. At the trial in the Superior Court, before Allen, J., the following facts appeared: R. C. Taylor, the owner of a block of buildings on the corner of Main and Pleasant streets in Worcester, gave a lease under seal to the plaintiff of a room in the second story in the block on May 3, 1872, for five years, which provided “ that the lessee may have the right to place signs upon the outer wall of said rooms.”
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Tort for placing a sign on the outer wall of the plaintiff’s room. At the trial in the Superior Court, before Allen, J., the following facts appeared: R. C. Taylor, the owner of a block of buildings on the corner of Main and Pleasant streets in Worcester, gave a lease under seal to the plaintiff of a room in the second story in the block on May 3, 1872, for five years, which provided “ that the lessee may have the right to place signs upon the outer wall of said rooms.” On September 6, 1870, Taylor gave the defendant a lease under seal for five years of the following premises : “ The corner…
1Opinion of the CourtWells, J.
Upon the facts set forth in the bill of exceptions, there was an implied license, at least, from the owner of the building to the defendants, to maintain their sign in the position of which the plaintiff complains. As it was in that position when the defendants took their lease, and had been so for a long time previously, we are inclined to the opinion that the right to continue it in that position was a privilege secured to the defendants by the terms and effect of their lease; and that the ruling and instructions of the court at the trial were right.
However that might be, the plaintiff…
2Cited by11 opinions
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