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Callaghan v. Hawkes
121 Mass. 298
Mass.
1876
Check Treatment
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.

Case Details

Case Name: Callaghan v. Hawkes
Court Name: Massachusetts Supreme Judicial Court
Date Published: Nov 14, 1876
Citation: 121 Mass. 298
Court Abbreviation: Mass.
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