Greater Boston Bowling Alleys, Inc. v. Olympia Theatres, Inc.

This is an action of tort for eviction. A count in contract was waived. The defendant, after making a general denial, sets up in its answer a termination of the lease by it after the premises were so destroyed or *478damaged by fire as to be unfit for use and habitation and a surrender of the lease by the plaintiff. The lease was of a part of the basement of the building for the conduct of a howling alley business only and for a period beginning . October 15, 1919, and ending January 1, 1928, with a right, on the part of the lessor, to cancel it upon giving thirty days’ notice and paying the…