Gannett v. Albre

103 Mass. 372 (1869)

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Nature of the Case

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Facts

D demised the premises in question to Bassett for a term of three years from August 1, 1866, under an indenture in which the lessee covenanted not to lease nor underlet the premises nor permit any other persons to occupy or improve the same without written approval from the lessor. The lessor agreed that the lessee should have the right to renew the lease at his option for a period of two years. D made the following endorsement that if the lessee shall cease to occupy the premises as a resident that he shall have the right to underlet to any respectable person to use the property as a private residence. On September 12, 1866, Bassett with the written consent of D assigned the premises and all his interests therein to P. P used the premises as sleeping rooms for his students who attended his school for young ladies with the knowledge and consent of D. P then leased the premises to Small to use them as a boarding house. P filed this bill for specific performance to renew the lease. The trial judge ruled that the use of the house as a boarding house was in violation of the lease provisions and thus he denied specific performance. P appealed.