U-Dryvit Auto Rental Co. v. Shaw

This is an action under G. L. (Ter. Ed.) c. 239, § 1, as amended by St. 1941, c. 242, § 1, to recover possession of certain garage premises occupied by the defendant as a tenant at will of the plaintiff. The rent was payable in advance on the first day of each month. The plaintiff on September 26, 1945, served upon the defendant a notice, dated on the last mentioned day, to quit and deliver up the premises “at the end of the next month of your tenancy, beginning after this notice.” The judge found for the plaintiff, and the defendant excepted to the refusal of the judge to rule that he must…