McCarthy v. Harris

In this summary process action, a Superior Court judge, sitting without jury, ordered judgment for the plaintiffs and the defendant tenants have appealed. The judge filed a memorandum of decision in which he found certain facts. In the following summary we refer to facts found by the judge and to other facts contained in the record which are undisputed and do not involve the credibility of witnesses.

On or about April 30, 1979, the plaintiffs purchased a two family dwelling house, located in West Roxbury. The defendants were tenants at will of the first floor of the premises.3 The monthly rent…