Finkovitch v. Cline
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on August 9, 1919, by the lessee under a lease in writing of the second floor apartment of a two-family dwelling house on Howland Street in that part of Boston known as Roxbury against the lessor, who occupied the first floor apartment, to enjoin eviction. In the Superior Court the suit was heard by Wait, J. Material facts found and the decree ordered by the judge are described in the opinion.
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Bill in equity, filed in the Superior Court on August 9, 1919, by the lessee under a lease in writing of the second floor apartment of a two-family dwelling house on Howland Street in that part of Boston known as Roxbury against the lessor, who occupied the first floor apartment, to enjoin eviction. In the Superior Court the suit was heard by Wait, J. Material facts found and the decree ordered by the judge are described in the opinion. The judge reported the case for determination by this court, stating in the report: “Upon the foregoing findings, the defendant contends that he is entitled…
1Opinion of the CourtRugg, C. J.
This is a suit in equity whereby the plaintiff, tenant of the defendant under a written lease for a term of three years, seeks to restrain the defendant from evicting him. The answer admits the lease and sets up entry and termination of the lease for breach of condition. At the trial it appeared that, before the filing of the bill, the defendant entered for breach of covenant, forfeited the lease, and notified the plaintiff to quit. The judge took a view of the premises and upon all the evidence made the general findings that the plaintiff fails to prove his right to restrain a forfeiture,…
2Cases cited3 opinions
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