Massachusetts Supreme Judicial Court, 1876

Callaghan v. Hawkes

Callaghan v. Hawkes
Massachusetts Supreme Judicial Court · Decided November 14, 1876 · Gray
121 Mass. 298; 1876 Mass. LEXIS 361

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.