Briggs v. Chase, 105 Me. 317 (1909)

Citation: Briggs v. Chase, 105 Me. 317 (1909)
Parent Document: Briggs v. Chase, 105 Me. 317 (1909)
Jurisdiction: Maine (state)
Effective Date: 1909-04-06
Original Source: https://www.courtlistener.com/opinion/5118602/briggs-v-chase/ ↗

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A lease like any other contract is to be construed with reference to the intent of the parties, as gathered from all parts of the instrument, and the object and purpose of the transaction. "The form of the instrument is not decisive of its character as a lease, and the mere use of technical words and phrases which have a definite legal signification cannot be allowed to defeat a contrary intention of the parties, if that intention be manifest from the whole contract. If the instrument contain words of a present demise, it will be deemed a lease in presentí, unless it appears from other portions of the instrument that such was not the intention of the parties, while, if possession be given under the agreement, this will be a circumstance tending to prove that it was intended as a lease in presentí.” 24 Cyc. 898, and cases cited. Sweetser v. McKenney, 65 Maine, 225; Holley v. Young, 66 Maine, 520.

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