121 Mass. 330 | Mass. | 1876
The agreement purports to be a lease, entered into by the plaintiffs and the Cumberland Stone Company, wherein the plaintiffs are the lessors and the company the lessee.
Whatever may have been the defects in the original execution of the lease, the company, having treated it as a contract between the plaintiffs and itself, by entering upon and occupying the premises, was bound by its provisions, and became liable to pay the rent and taxes therein stipulated. Lamson & Goodnow Manuf. Co. v. Russell, 112 Mass. 387. The guaranty, therefore, by the defendant, signed soon after the execution of the lease, related to a valid contract subsisting between the parties, and this action may be maintained against him for the rent and taxes due from the company.
The demurrer does not raise any question as to the due execution of the lease by the plaintiffs, and that question is not open to the defendant. Judgment affirmed.