Ashkenazy v. O'Neill

This is an action of contract for the use and occupation of certain premises. G. L. c. 231, § 7, Eighth. At the conclusion of the evidence the trial judge directed a verdict for the plaintiff, subject to the defendants’ exception.

The plaintiff was the owner of an apartment house consisting of five apartments; one on the first floor; two on the second floor, one with three rooms, and the other with four, and both having kitchenette and bath; and two apartments on the third floor, each consisting of three rooms, kitchenette and bath. On November 11, 1923, the defendants paid the plaintiff for…