Fifty Associates v. Grace
Massachusetts Supreme Judicial Court
Contract for the rent of certain premises on Washington Street, in Boston, and for the cost of steam heat supplied to the same.
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Contract for the rent of certain premises on Washington Street, in Boston, and for the cost of steam heat supplied to the same. The case was submitted to the Superior Court, and, after judgment for the plaintiff, to this court, on appeal, on an agreed statement of facts in substance as follows: On January 3, 1872, the plaintiff and the defendant executed an indenture of lease of the premises for the term of five years from February 1, 1872, by the terms of which the defendant covenanted to pay to the plaintiff the rent at a certain rate “ during said term, and at that rate for such further…
1Opinion of the CourtEndicott, J.
By the terms of the original lease, the defend ant covenants and agrees with the lessor that he “ will use and *163occupy the premises for and as a dry goods and millinery store.” It is clear that he could not use it for any other purpose, and, upon breach of this covenant, the plaintiff could reenter, as provided in the lease. The lease also contains the covenant that the defendant will not lease or underlet the premises without.the written consent of the plaintiff or those having its estate. The assignment to the Milkmans was made by the defendant with the written consent of the plaintiff, and…
2Cases cited1 opinion
- Amory v. KannoffskyMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- Wm. Lindeke Land Co. v. KalmanSupreme Court of Minnesota · 1934
- Carrano v. ShoorSupreme Court of Connecticut · 1934
- Walker v. Rednalloh Co.Massachusetts Supreme Judicial Court · 1938
- Leavitt v. MaykelMassachusetts Supreme Judicial Court · 1911
- Gerber v. PechtSupreme Court of New Jersey · 1954
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