King v. Murphy Varnish Co.
King v. Murphy Varnish Co.
Opinion of the Court
This is an action of contract to recover damages for the breach of a covenant by the defendant in a written lease from the plaintiff to him of certain premises on Battery-march Street in Boston. The covenant is as follows: “ No act or thing shall be done upon the said premises, which may make void or voidable any insurance of the said premises or building against fire, or may render any increased or extra premium payable for any such insurance.” The defendant is engaged in the varnish business and put into the premises large tanks for the storage of varnish. Subsequent thereto the insurance rate on
The defendant’s contention is in substance, as we understand it, that the covenant is to be construed as applying to the use of the premises for the defendant’s business as carried on by it at the time when the lease was executed, and as meaning that no change should be made by the defendant in the method of carrying on its business which would cause any increase in the rate of insurance on the plaintiff’s building. And it says that the storing of varnish in tanks in other premises occupied by it was and had been for many years one of the methods in which it carried on its business, and that it was so carrying it on at the time when the lease, was executed, and that the increase in the rate of insurance was not due to any change by it in its method of doing business, but to a change of opinion on the part of the board of underwriters as to the risk attending the business as carried on by the defendant, and that it is not, therefore, liable under the covenant for any sums paid by the plaintiff on account of the increase in the rate of insurance. But it is to be observed, if material, that though the plaintiff knew that the defendant was engaged in the varnish business, there is nothing to show that either he or his son, through whom the negotiations for the lease were carried on, knew the extent of the defendant’s business, or how it was conducted, .or that the defendant stored varnish in large tanks on .premises occupied by it. To give the covenant, therefore, the construction contended for by the defendant would be going beyond what the lessor could be held to have reasonably contemplated. But we think that the covenant cannot properly be construed, and should not be coustrued as the defendant contends. There is no provision in the lease, express or implied, as to the. nature of the business to be carried on upon the premises. For aught that appears the defendant could use them for any purpose to which they were' adapted. There is nothing in the covenant which limits its. application, to
Exceptions overruled.
Reference
- Full Case Name
- D. Webster King v. Murphy Varnish Company
- Cited By
- 1 case
- Status
- Published