Horton v. Marston

The report to the Appellate Division from the First District Court of Barnstable sets out evidence tending to show the following facts: On September 4, 1962, the plaintiff signed a written lease with Dana M. Mar-ston for cottage No. 2 in Marston’s development of rental cottages. The lease was to run until the end of May, 1963. The cottage was rented with all furnishings except bed linen, including an apartment-sized gas stove. The plaintiff moved in on September 4,1962, and used the stove from that date. It was at least ten years old. On May 8, 1963, when the plaintiff sought to light a…