Massachusetts Supreme Judicial Court May 18, 1910 (Casassa v. Smith)

Knowlton, C. J.

This is an action to recover damages for a breach of the covenant for quiet enjoyment contained in a lease. The lease was for five years from January 1, 1905, and covered the basement of a building which the lessor, the defendant, held under a prior lease from the owners. The plaintiffs’ lease was in a common form, and contained an implied covenant for quiet enjoyment.