Pfaff v. Golden
| Decision Date | 27 March 1879 |
| Citation | 126 Mass. 402 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | Henry Pfaff & another v. John Golden, Jr |
Suffolk. Contract on a written lease, executed bye G. R Reichart and Katherine Reichart as lessors, and by the defendant as lessee, for the term of five years from February 1, 1874, the rent to be paid in equal monthly installments and containing the covenants that the lessee, his executors administrators and assigns, would pay the rent in the manner stipulated, and that they would not, without the consent in writing of the lessors, their heirs or assigns, assign the lease, nor underlet the whole or any part of the premises.
The case was submitted to the Superior Court, and, after judgment for the plaintiffs, to this court on appeal, on agreed facts in substance as follows:
The defendant entered into possession of the demised premises under the lease, and paid the monthly rent to the lessors up to December 1, 1875. The plaintiffs were the holders of an outstanding mortgage upon the demised premises, under which they took possession for the purpose of foreclosure on November 16, 1875, and on the same day took an assignment in writing, under seal, from the lessors, of the lease, and a quitclaim deed of the premises was executed by the lessors and delivered to the plaintiffs on February 10, 1876. The defendant paid the rent for the month of November, 1875, to the plaintiffs, and on January 14, 1876, signed and sealed the following instrument, on the back of the lease: On February 8, 1876, the plaintiffs indorsed on the lease their consent to the assignment.
If the plaintiffs could maintain this action, judgment was to be entered for them in the sum of $ 616.89, with interest.
The Superior Court ordered judgment for the plaintiffs for $ 656.99; and the defendant appealed to this court.
Judgment affirmed.
D. E. Richardson & J. M. Browne, for the defendant.
A. Russ & D. A. Dorr, for the plaintiffs.
The assignment, from the lessors to the plaintiffs, of the lease...
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Kimball v. Maddison
...covenant. See Mason v. Smith, 131 Mass. 510;Security System Co. v. S. S. Pierce Co., 258 Mass. 4, 5, 154 N. E. 190. See, also, Pfaff v. Golden, 126 Mass. 402;Walsh v. Packard, 165 Mass. 189, 190, 42 N. E. 577,40 L. R. A. 321, 52 Am. St. Rep. 508;Richmond v. Kelsey, 225 Mass. 209, 114 N. E. ......
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Walker v. Rednalloh Co.
...of a surety for his performance are not sufficient either separately or taken together to show a release of the lessee. Pfaff v. Golden, 126 Mass. 402, 403;Greenleaf v. Allen. 127 Mass. 248, 253;Hamlen v. Rednalloh Co., 291 Mass. 119, 122, 197 N.E. 149, 99 A.L.R. 1230. In determining whethe......
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Kimball v. Maddison
... ... sue on this covenant. See Mason v. Smith, 131 Mass ... 510; Security System Co. v. S. S. Pierce Co. 258 ... Mass. 4 , 5. See also Pfaff v. Golden, 126 Mass ... 402; Walsh v. Packard, 165 Mass. 189 , 190; ... Richmond v. Kelsey, 225 Mass. 209; Taylor v ... [286 Mass. 286] ... ...
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SS Kresge Co. v. Sears, 3178.
...by the lessors does not relieve the lessee from his covenant to pay rent." Also see Wall v. Hinds, 4 Gray, 256, 64 Am.Dec. 64; Pfaff v. Golden, 126 Mass. 402; Greenleaf et al. v. Allen, 127 Mass. 248; Johnson et al. v. Stone, 215 Mass. 219, 102 N.E. 366; Hamlen v. Rednalloh Co. (Mass.) 197 ......