The Massachusetts Law of Landlord and Tenant: Including the Cases in Vol. 238 of the Reports and the Legislation of 1921Little, Brown, 1922 - 682 strani |
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Druge izdaje - Prikaži vse
The Massachusetts Law of Landlord and Tenant: Including the Cases in Vol.238 ... Prescott Farnsworth Hall Predogled ni na voljo - 2022 |
The Massachusetts Law of Landlord and Tenant: Including the Cases in Vol ... Prescott Farnsworth Hall Predogled ni na voljo - 2014 |
Pogosti izrazi in povedi
11 Cush 11 Gray 14 Allen 17 Mass 17 Pick 22 Pick 9 Allen 9 Cush 99 Mass action of tort agreed agreement assignment assumpsit attornment Boston building Cited claim common law Commonwealth condition contract court covenant damages defective defendant demised premises eminent domain enter entitled entry equity erected estoppel eviction evidence expiration express fact Fillebrown fixtures forfeiture held hold Hunnewell Ibid implied infra injury International Trust Co land Landl landlord landlord and tenant leasehold estate lessee lessee's lessor liable Linnehan Lowell ment mortgagee mortgagor notice to quit occupation owner paid parol parties pay rent payable plaintiff possession purpose real estate recover remedy remove rent due repair Richardson rule sections Shaw Smith statute statute of frauds supra surrender taxes Taylor tenant at sufferance tenement term terminate Thayer thereof third person tion tort trespass waste written lease
Priljubljeni odlomki
Stran 11 - Here it may be laid down for a rule, that whatever words are sufficient to explain the intent of the parties, that the one shall divest himself of the possession, and the other come into it for a determinate time, such •words, whether they run in the form of a license, covenant, or agreement, are of themselves sufficient, and will, in construction of law, amount to a lease for years, as effectually as if the most proper and pertinent words had been made use of for that purpose.
Stran 278 - The Court are of opinion that manure made on a farm occupied by a tenant at will or for years in the ordinary course of husbandry, consisting of the collections from the stable and barn-yard, or of composts formed by an admixture of these with soil or other substances, is by usage, practice, and the general understanding so attached to and connected with the realty that, in the absence of any express stipulation on the subject, an outgoing tenant has no right to remove the manure thus collected,...
Stran 499 - ... to quit and deliver up the premises to the lessor or his attorney, peaceably and quietly,' at the end of the term, in as good order and condition, reasonable and proper use thereof, fire and other unavoidable casualties excepted, as the same now are...
Stran 298 - the tenant's right to remove fixtures continues during his original term, and during such further period of possession by him, as he holds the premises under a right still to consider himself as tenant.
Stran 468 - ... notice, enter his premises between the hours of eight in the forenoon and four in the afternoon and separate and take away such meter or other property of the company, and may disconnect any meter, pipe, wires, fittings or other works, whether they are property of the company or not, from the mains, pipes or wires of the company.
Stran 268 - Gray 617. And we do not think that the implied license is necessarily limited to the annual crops, but that it extends to any acts of carrying on the farm which are usual and proper in the course of good husbandry. If, in carrying on similar farms, it is usual and is good husbandry to cut and carry to market wood and timber to a limited extent, a license to do this might be implied from the relation of the parties.
Stran 275 - If a mortgage be of a dwelling-house, the mortgagor may do many acts, such as acts of repair or alteration, which may involve the removal of parts of the realty, which would not be wrongful because within the license implied from the relations of the parties. If a farmer mortgages the whole or a part of his farm, with a clause permitting him to retain possession...
Stran 511 - ... enter into and upon the said premises or any part thereof, in the name of the whole, and repossess the same as of their former estate...
Stran 354 - Actions on the case are founded on the common law, or upon acts of parliament, and lie generally to recover damages for torts not committed with force, actual or implied ; or having been occasioned by force, where the matter affected was not tangible, or the injury was not immediate, but consequential ; or where the interest in the property was only in reversion ; in all which cases trespass is not sustainable.
Stran 46 - If by the terms of the conveyance, be it in the form of a lease or an assignment, new conditions with a right of entry, or new causes of forfeiture are created, then the tenant holds by different tenure, and a new leasehold interest arises, which cannot be treated as an assignment or a continuation to him of the original term.