Supreme Judicial Court of Massachusetts
48 N.E. 781 (1897)
The plaintiff-landlord leased property to the defendant. The plaintiff proceeded to build a wall for the adjacent building, which the plaintiff also owned. The wall encroached onto the leased property either nine inches, thirteen inches, or two feet deep according to the evidence, and for a length of thirty-four feet. The plaintiff sued for the tenant's nonpayment of rent, as well as a breach of a covenant to repair. The plaintiff argued that the wall was not grounds for withholding rent because it did not materially impact the tenant’s enjoyment of the land. The trial court held that the tenant had a right to treat the intrusion as an eviction. The plaintiff appealed.
Rule of Law
Holding and Reasoning (Holmes, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 202,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.