251 Mass. 344 | Mass. | 1925
The question in this case is whether a covenant to heat premises demised under a written lease can be implied. There was evidence tending to show that the les
There was not evidence sufficient to warrant a finding of an implied covenant on the part of the landlord to heat the demised premises. The parties entered into an elaborate lease in writing. Its natural implication is that the parties embodied in that formal instrument the terms of their contract. Snider v. Deban, 249 Mass. 59. It contains nothing about heat. It does not appear that there was any conversation on the subject as preliminary to the execution of the lease. There was no evidence of a prevailing custom in Lowell on this point. The mere presence of the radiators in the rooms did not warrant the implication of a covenant to heat. It is not unusual for parties to make a special contract respecting heat when there are radiators in the demised premises. The evidence was to the effect that this heating
The case at bar is distinguishable from decisions like Jackson v. Paterno, 128 App. Div. (N. Y.) 474; Berlinger v. Macdonald, 149 App. Div. (N. Y.) 5, O’Hanlon v. Grubb, 38 App. D. C. 251, where there appear to have been no other reasonable means of heating the premises except from a central heating plant in the control and management of the lessor connected directly with radiators in the rooms of the lessee used for a home.
Conformably to the terms of the report, judgment is to be entered for the plaintiff in accordance with its declaration.
So ordered.