Gulesian v. St. James Amusement Co.

2 Citing cases

  1. Corbett v. Derman Shoe Co.

    338 Mass. 405 (Mass. 1959)   Cited 16 times
    Holding that the separate covenants "to repair" and to "deliver up in good order and condition" and the several covenants bearing on the lessee's obligation in this respect are to be construed together so as to give reasonable meaning to each of them

    See Watriss v. First Natl. Bank, 130 Mass. 343, 345, and cases cited; Tilden v. Tilden, 13 Gray, 103, 109; Baker v. Horan, 227 Mass. 415, 420-421; Morad v. Ramos, 330 Mass. 560, 562 (waste); Hall, Mass. Law of Landlord and Tenant (4th ed., Adams and Wadsworth) § 86; Schieffelin v. Carpenter, 15 Wend. 400, 409-410. As to specific performance see Gulesian v. St. James Amusement Co. 238 Mass. 172. In any event nominal damages are recoverable for breach of contract.

  2. Schimmelfennig v. Grove Farm Co.

    41 Haw. 124 (Haw. 1955)   Cited 14 times
    Applying section 657–1 to actions based on implied covenants in a lease

    In the former, the lessor is not required to await expiration of the term before instituting suit; in the latter, action may not be instituted until the expiration of the term. ( Gulesian v. St. James Amusement Co., 238 Mass. 172, 130 N.E. 212; Schieffelin v. Carpenter, 15 Wend. [N.Y.] 400; Megerell v. State, 46 N.Y.S. [2d] 685.) Accordingly, since a cause of action premised upon breach of a covenant, express or implied, to return premises in a particular condition accrues only upon expiration of the term, the statute commences to run from that date.