Opinion · Supreme Court of the United States
Gardiner v. William S. Butler & Co.
Gardiner v. William S. Butler & Co., 245 U.S. 603 (1918)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1918-02-04
- Topic
- general
Mr. Justice Holmes delivered the opinion of the court. This case comes here upon the report of a master asking the court to decide whether two claims are provable. The first is upon a lease made by the petitioner to William. S.
Citator
UpLaw has not yet analyzed Gardiner v. William S. Butler & Co.. The absence of a flag is not a finding that it is good law.
- Cited by
- 65 opinions
Headnotes
- Bankruptcy Law — Receivership — Landlord and Tenant — Lease Damages Where a non-statutory receivership proceeding is brought to preserve the good will and pay the debts of a company occupying premises as lessee, and the lessee's lease provides that upon reentry the lessee shall pay the difference between the rental value and the rent and other payments reserved for the residue of the term, the lessor who reenters during the receivership has a proper claim for rent accrued up to the time of reentry and for damages under the lease's reentry covenant measured by the difference between the rental value at the time of reentry and the rent and other payments reserved for the residue of the term. 245 U.S. 603, 605 (citing Filene's Sons Co. v. Weed, ante, 597)
- Real Property Law — Effect of Reentry and Eviction In the absence of statute or express contract, a lessor who has terminated a lease and evicted the tenant has no further claim against the lessee; accordingly, a lessor may not recover damages for loss of the benefit of the bargain from the time of reentry where the lease contains no clause stipulating for such an allowance, and the rule applies equally to a claim asserted against the lessee's receivers in equity proceedings to continue the lessee's business to pay its debts. 245 U.S. 603, 605–606 (citing Sutton v. Goodman, 194 Mass. 389, 395; Central Trust Co. v. Chicago Auditorium Assn., 240 U.S. 581, 590)
GARDINERv. BUTLER CO.,245 U.S. 603(1918)
38 S.Ct. 214
GARDINER, TRUSTEE OF THE PERRY REAL ESTATE TRUST,v. WILLIAM S. BUTLER
COMPANY, INCORPORATED, ET AL.
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIRST CIRCUIT.
No. 95.
Argued December 18, 1917.
Decided February 4, 1918.
THE case is stated in the opinion.
The second claim is upon a lease by Russell to the same company of which Gardiner had purchased the reversion. In substance it is for damages similar to those held allowable under the former lease, but simply on the ground that the petitioner has lost the benefit of his bargain from the time of his reentry, the lease not containing any clause stipulating for such an allowance. Of course there are plausible analogies for the contention. But the law as to leases is not a matter of logicinvacuo;it is a matter of history that has not forgotten Lord Coke. Massachusetts has followed the English tradition and we believe that it is the general understanding in that State that in the absence of statute or express contract a lessor who has terminated a lease and evicted the tenant has no further claim against the lessee.Suttonv.Goodman,194 Mass. 389,395.Central Trust Co. v.Chicago AuditoriumAssociation,240 U.S. 581,590. Upon this claim the decree below is affirmed.Decree reversed.
MR. JUSTICE BRANDEIS took no part in the decision of this case.