Gardiner v. William S. Butler & Co., Inc.,
245 U.S. 603 (1918)

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U.S. Supreme Court

Gardiner v. William S. Butler & Co., Inc., 245 U.S. 603 (1918)

Gardiner v. William S. Butler & Company, Incorporated

No. 95

Argued December 18, 1917

Decided February 4, 1918

245 U.S. 603


Following Filene's Sons Co. v. Weed, ante, 245 U. S. 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.

Page 245 U. S. 604

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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