Legal Opinion

Collins v. Canty

Massachusetts Supreme Judicial Court

Decided October 15, 1850PublishedCited by 4 opinions

This was a proceeding under the Rev. Sts. c. L04, § 4, to recover possession of leased premises by the landlord, and was submitted to the court of common pleas, from whence it came to this court by appeal, upon the following agreed statement of facts: — The defendant, at the time of the commencement of the process, was in the occupation of the premises, at a rent of $7 a month, payable monthly.

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This was a proceeding under the Rev. Sts. c. L04, § 4, to recover possession of leased premises by the landlord, and was submitted to the court of common pleas, from whence it came to this court by appeal, upon the following agreed statement of facts: — The defendant, at the time of the commencement of the process, was in the occupation of the premises, at a rent of $7 a month, payable monthly. On the 7th of August, 1849, at which time there was no rent due, the plaintiff gave the defendant a written notice to quit, in the following form: — “ You being in possession of the basement story of…

1Opinion of the Court

By the Court.

The acceptance of rent, as rent, for a time subsequent to the expiration of the notice, was an admission of the continuance of the tenancy, and a waiver of the notice; so that the plaintiff cannot recover.

Judgment for the defendant.

2Cited by4 opinions

  1. Mayo v. ClaflinSupreme Court of Vermont · 1919
  2. Morales v. MartínezSupreme Court of Puerto Rico · 1930
  3. Arcade Investment Co. v. GierietSupreme Court of Minnesota · 1906
  4. Morales v. MartínezSupreme Court of Puerto Rico · 1930

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