Paul v. Chickering
Cases that cite this one
6 later published cases cite this decision.
- Erhard v. F. W. Woolworth Co. (Mass. 1978)
- Koshland v. American Woolen Co. (Mass. 1935)
- Factory Realty Corp. v. Corbin-Holmes Shoe Co. (Mass. 1942)
- Welch v. Gordon (Mass. 1933)
- Security System Co. v. S. S. Pierce Co. (Mass. 1926)
- Borgman v. Spellmire (Court of Common Pleas of Ohio, Hamilton County 1897)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
There can be no doubt that the covenant of the lessees bound them to the payment of the tax, unless the circumstances of the sale of the demised premises by the plaintiff, after the term had been brought to a close by the fire, furnish some ground for relieving them from that obligation. Wilkinson v. Libbey, 1 Allen, 375. Walker v. Whittemore, 112 Mass. 187. Amory v. Melvin, Ib. 83. It appears to us to be impossible that that transaction should have that effect. The promise of Scott, the purchaser, to pay one half of the tax in question was only a part of the consideration which he gave for the land. The payment of half of the amount of the tax, which otherwise the vendor must have paid, was merely a part of the price of the estate. The price was the whole amount agreed to be paid, and it is immaterial whether it were expressed in one gross sum, or divided into separate items. Whatever price the plaintiff obtained for the estate, and in whatever mode it was computed, it could have no effect upon the covenant of the lessees to pay the amount of the tax to him.
Judgment for the plaintiff for the whole tax with interest from the date of the writ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.