Jones v. Webb

This is an action to recover possession of a second story apartment at 33 Baldwin Street, Boston. G. L. (Ter. Ed.) c. 239, § 1, as amended by St. 1941, c. 242, § 1. The judge found for the plaintiffs “for possession.” The defendant excepted to the denial of certain of his requests for rulings. Two of these were: “2. On all the evidence the law requires a finding for the defendant.” “5. The acceptance of rent by the plaintiffs after January 1, 1945, was an admission of the continuance of the tenancy and a w-aiver of the notice.”

The facts material to this question are not in dispute. The…