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Gardiner v. William S. Butler & Co., Inc., 245 U.S. 603 (1918)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Gardiner v. William S. Butler & Co., Inc., 245 U.S. 603 (1918)
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Gardiner v. William S. Butler & Company, Incorporated No. 95 Argued December 18, 1917 Decided February 4, 1918 245 U.S. 603
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIRST CIRCUIT
Syllabus
Following Filene’s Sons Co. v. Weed, ante,597, held that, in a nonstatutory receivership proceeding brought to preserve the goodwill and pay the debts of a company occupying premises as lessee, the lessor, which reentered during the receivership, had a proper claim for rent up to reentry, and for damages based on the lessee’s covenant to pay the difference between the rental value at time of reentry and the rent and other payments reserved for the residue of the term.
In Massachusetts, in the absence of statute or express contract, s lessor who has terminated a lease and evicted the tenant has no further claim against the lessee -- hence none against the lessee’s receivers in proceedings in equity to continue the lessee’s business to pay it debts.
230 F. 1021 reversed in part and affirmed in part.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Gardiner v. William S. Butler & Co., Inc., 245 U.S. 603 (1918) in 245 U.S. 603 245 U.S. 604. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=3Q3NUK1V8TGHVKF.
MLA: U.S. Supreme Court. "Syllabus." Gardiner v. William S. Butler & Co., Inc., 245 U.S. 603 (1918), in 245 U.S. 603, page 245 U.S. 604. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3Q3NUK1V8TGHVKF.
Harvard: U.S. Supreme Court, 'Syllabus' in Gardiner v. William S. Butler & Co., Inc., 245 U.S. 603 (1918). cited in 1918, 245 U.S. 603, pp.245 U.S. 604. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=3Q3NUK1V8TGHVKF.
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