Darvirris v. Boston Safe Deposit & Trust Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 31,1919, to enjoin the defendant, whose property, numbered 1351 on Beacon Street in Brookline, the plaintiff was occupying under a lease from the defendant, from interfering with the plaintiff’s occupancy and quiet enjoyment of the premises. In the Superior Court the case was heard by Fox, J., a commissioner having been appointed under Equity Rule 35 to take the evidence.
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Bill in equity, filed in the Superior Court on March 31,1919, to enjoin the defendant, whose property, numbered 1351 on Beacon Street in Brookline, the plaintiff was occupying under a lease from the defendant, from interfering with the plaintiff’s occupancy and quiet enjoyment of the premises. In the Superior Court the case was heard by Fox, J., a commissioner having been appointed under Equity Rule 35 to take the evidence. The judge made the following finding and ruling: “The plaintiff had generally been slow in the payment of his rent, and had been warned by the landlord’s agent that unless…
1Opinion of the CourtRugg, C. J.
The plaintiff, a tenant under a written lease for a term of three years, half expired, by this suit in equity seeks to enjoin expulsion of himself from the demised premises by his lessor, which, pursuant to a condition of the lease, has entered for non-payment of rent and given notice of intention to terminate the lease. The case was tried before a judge of the Superior Court,who found that “The plaintiff had generally been slow in the payment of his rent, and had been warned by the landlord’s agent that unless he paid more promptly he would have to vacate the premises. At the time of the…
2Cases cited2 opinions
- Mactier v. OsbornMassachusetts Supreme Judicial Court · 1888
- Gordon v. RichardsonMassachusetts Supreme Judicial Court · 1904
3Cited by10 opinions
- United States v. FornessCourt of Appeals for the Second Circuit · 1942
- Trans-Lux Radio City Corp. v. Service Parking Corp.District of Columbia Court of Appeals · 1947
- Eno Systems, Inc. v. EnoMassachusetts Supreme Judicial Court · 1942
- Howard D. Johnson Co. v. MadiganMassachusetts Supreme Judicial Court · 1972
- Dreisonstok v. Dworman Building Corp.Court of Appeals of Maryland · 1971
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