Means v. Cotton
Massachusetts Supreme Judicial Court
Contract, with a declaration in two counts, the first count being upon an account annexed for the use and occupation of a tenement hired of the plaintiff by the defendant for the months of November and December, 1912, and January, 1913, at $35 per month, with a credit of $25 received from a new tenant of part of the premises for January, 1913; and the second count being for a breach of the implied agreement of the defendant to use the premises in a tenantlike manner.
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Contract, with a declaration in two counts, the first count being upon an account annexed for the use and occupation of a tenement hired of the plaintiff by the defendant for the months of November and December, 1912, and January, 1913, at $35 per month, with a credit of $25 received from a new tenant of part of the premises for January, 1913; and the second count being for a breach of the implied agreement of the defendant to use the premises in a tenantlike manner. Writ in the Municipal Court of the City of Boston dated March 29, 1913. The evidence at the trial in the Municipal Court is…
1Opinion of the CourtCarroll, J.
The plaintiff received from the defendant, who was her tenant at will at a rental of $35 per month, payable on the first day of each month for the month preceding, a written notice stating his intention to vacate the premises on November 1, 1912. The notice was received on October 2, 1912, and on the same day the plaintiff informed the defendant that the notice was not sufficient to terminate the tenancy and that she would hold him for a proper month’s notice. Following the suggestion of the defendant, she placed “To Let” signs on the premises. On November 2 all of the defendant’s furniture…
2Cases cited7 opinions
- Lothrop v. ThayerMassachusetts Supreme Judicial Court · 1885
- Amory v. KannoffskyMassachusetts Supreme Judicial Court · 1875
- Cohen v. BerkowitzMassachusetts Supreme Judicial Court · 1913
- Bailey v. MardenMassachusetts Supreme Judicial Court · 1906
- Boston Supply Co. v. RubinMassachusetts Supreme Judicial Court · 1913
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3Cited by20 opinions
- Bergeron v. ForestMassachusetts Supreme Judicial Court · 1919
- Rathgeber v. KelleyMassachusetts Supreme Judicial Court · 1938
- Connors v. WickMassachusetts Supreme Judicial Court · 1945
- Caruso v. ShelitMassachusetts Supreme Judicial Court · 1933
- Gade v. National Creamery Co.Massachusetts Supreme Judicial Court · 1949
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