Henry H. Tuttle Co v. Phipps

Loring, J. This case is concluded by the decision in Fera v. Child, 115 Mass. 32. No distinction should be made between the agreement in the lease in that case and that in the lease in the case at bar. That decision should not be overruled. The distinction between Fera v. Child, ubi supra, and Smith v. Faxon, 156 Mass. 589, is fully explained in the latter case. Judgment for the defendant.