Home/Massachusetts Supreme Judicial Court/Callaghan v. Hawkes

Callaghan v. Hawkes

121 Mass. 298, 1876 Mass. LEXIS 361
CourtMassachusetts Supreme Judicial Court
DecidedNovember 14, 1876
StatusPublished
Cited by7 cases

This text of 121 Mass. 298 (Callaghan v. Hawkes) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Callaghan v. Hawkes, 121 Mass. 298, 1876 Mass. LEXIS 361 (Mass. 1876).

Opinion

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.

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Bluebook (online)
121 Mass. 298, 1876 Mass. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callaghan-v-hawkes-mass-1876.