Callaghan v. Hawkes

Massachusetts Supreme Judicial Court
Callaghan v. Hawkes, 121 Mass. 298 (Mass. 1876)
1876 Mass. LEXIS 361
Gray

Callaghan v. Hawkes

Opinion of the Court

Gray, C. J.

The clause in question, in form and necessary legal construction, is enabling and not restrictive, and confers upon the lessor a right which he would not otherwise have had. Independently of, and notwithstanding this clause, he may sell the reversion. The whole effect of the clause was to enable him to terminate the lease, and sell the whole estate, first giving the lessees the opportunity of purchasing. This construction is fortified by the final clause, which allows to the lessees, in case of sale, the privilege of taking off the crops.

Judgment for the defendant.

Reference

Full Case Name
Patrick Callaghan & another v. Benjamin Hawkes
Cited By
7 cases
Status
Published