Wood v. Bogle

• Decision Date: 09 March 1874
• Citation: 115 Mass. 30
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court
• Parties: Alexander H. Wood & another v. William Bogle

115 Mass. 30

Alexander H. Wood & another v. William Bogle

Supreme Court of Massachusetts

March 9, 1874

Suffolk. Contract for money had and received. The case came before this court on an appeal by the defendant from a judgment of the Superior Court for the plaintiffs upon the following agreed facts:

"The plaintiffs held a lease from the defendant of a store in the building No. 202 Washington Street, in Boston, which contained the following clauses, viz.: 'To hold for the term of two years from the first day of January, 1872 yielding and paying therefor the rent of three thousand and five hundred dollars per annum, commencing on the seventeenth day of February, 1872. And the said lessees do promise to pay the said rent in monthly payments of two hundred and ninety-one and 66/100 dollars, cash, always in advance, and all taxes assessed during the term upon all the buildings and premises, No. 202 Washington Street, of which the premises hereby leased are a part, and 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 use and wearing thereof, fire and other unavoidable casualties excepted, as the same now are, or may be put into by the said lessor, and to pay the rent, as above stated, during the term, and also the rent, as above stated for such further time as the lessees may hold the same, and not make or suffer any waste thereof; and that the lessor may enter to view and make improvements, and to expel the lessee if he shall fail to pay the rent as aforesaid, or make or suffer any strip or waste thereof. And provided, also, that in case the premises or any part thereof shall, during said term, be destroyed or damaged by fire or other unavoidable casualty, so that the same shall be thereby rendered unfit for use and habitation, then and in such case, the rent hereinbefore reserved, or a just and proportionate part thereof, according to the nature and extent of the injury sustained, shall be suspended or abated until the said premises shall have been put in proper condition for use and habitation by said lessor: or these presents shall thereby be determined and ended at the election of the said lessor or his legal representatives upon his giving the lessees or their legal representatives ten days' notice in writing of his said election.'

"The plaintiffs conformed to all the terms of the lease, and ...