Malden Knitting Mills v. United States

COX, Justice. This is an action of contract upon a written lease of a one-story shed to the plaintiff. The trial Judge directed the jury to return a verdict for the defendant and reported the case to this court. G.L.(Ter.Ed.) c. 231, 111. The lease, which is a printed form with blank spaces appropriately filled in by typewriting, contains, among others, the following material provisions, which are printed: 2. * * * the Tenant will at its expense make all repairs and renewals of whatever nature necessary to put and keep in good condition the premises. * * * 6. The Landlord shall not be liable for damages * * * for injury or damage to person or property resulting from * * * water, rain or snow which may leak or flow from or into any part of said building, * * * or from any other place (provided, however, that the Landlord will be responsible for such damage from leaks outside of the demised premises as occurs after a reasonable time after the receipt of notice from the Tenant of such leaks); * * * neither shall the Landlord be liable for damage * * * caused by any other matter or thing. * * * 9. * * * The Tenant will indemnify, protect and save harmless the Landlord herein from any loss, cost, damage or expense caused by injuries or damage to persons or property while in, on, or about said premises herein leased * * * and any and all property of said Tenant which may be located or stored either in the demised premises, or the building of which the demised premises form a part shall be at the sole risk of said Tenant. * * * 26. It is expressly understood and agreed that the covenants and agreements herein undertaken and/or to be performed respectively by each of the parties hereto are severally and collectively mutually dependent and that performance of each and every covenant and agreement herein to be performed by either party is part of the consideration of this lease and a condition precedent to the performance of each and every covenant and agreement to be performed by the other party.