Cashman v. Dumaine

The rulings of the referee and the order of judgment appear to have been based upon a misconception of the nature of contracts of letting, or upon a failure to appreciate the limited scope of our statute providing for their summary termination.'

The lease here was a tenancy at will from month to month. Such a tenure is an entire and continuing contract. At common law, it could not be determined by either party against the will of the other without the required notice to quit. “The tenancy continues, whatever either party alone may do, until the notice to quit is given and the day specified in…