Hopkinson v. Kennedy
Massachusetts Supreme Judicial Court
Contract for $68.75, for úse and occupation of premises owned by the plaintiffs. Writ in the Municipal Court of the City of Boston dated November 2, 1915. At the trial in the Municipal Court, the defendant presented requests for rulings applicable only to findings of fact from which an inference could be made that the plaintiffs had waived their right to the statutory notice of intention to quit.
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Contract for $68.75, for úse and occupation of premises owned by the plaintiffs. Writ in the Municipal Court of the City of Boston dated November 2, 1915. At the trial in the Municipal Court, the defendant presented requests for rulings applicable only to findings of fact from which an inference could be made that the plaintiffs had waived their right to the statutory notice of intention to quit. The judge found that there had been no such waiver, and refused the requests on the ground that they were not applicable to the facts found. He found for the plaintiff in the sum of $68.75, and at…
1Opinion of the Court
By the Court.
This is an action of contract for use and occupation of premises owned by the plaintiffs. The view of the record most favorable to the defendant is that there was conflicting evidence whether the defendant had given notice to end the tenancy, whether the plaintiffs had waived the statutory notice of intention to terminate the tenancy by the defendant, and whether the plaintiffs had accepted a surrender of the premises and agreed not to hold the defendant responsible for more rent. All these issues of fact were decided against the defendant. They were pure questions of fact. The…
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