Leavitt v. Maykel
Massachusetts Supreme Judicial Court
Contract, against two defendants doing business under the name of the Worcester Dry Goods and Wrapper Company, for rent of a store numbered 192 on Front Street in Worcester at $112.50 a month for the nine months from April to December, 1909, inclusive.
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Contract, against two defendants doing business under the name of the Worcester Dry Goods and Wrapper Company, for rent of a store numbered 192 on Front Street in Worcester at $112.50 a month for the nine months from April to December, 1909, inclusive. Writ dated January 5,1910. The answer, after a general denial, set up the defense that the plaintiffs had waived their rights under the contract alleged in the declaration; that on March 20, 1909, the defendants had surrendered the premises to the plaintiffs and that the plaintiffs had accepted such surrender. There was also an allegation of…
1Opinion of the CourtDeCourcy, J.
The lease to the defendants expired on May 31.1908. They continued to occupy the premises until January 28.1909, paying the rent monthly in advance. Acting under the impression that they were only tenants at sufferance after the termination of the lease, they gave no written notice to end their tenancy under R. L. c. 129, § 12, that affects the period covered by the declaration. It was pointed out in the earlier case between the same parties that the defendants became tenants at will. As such they remained liable for rent unless the required statutory notice was waived by the landlord. Taylor…
2Cases cited4 opinions
- Leavitt v. MaykelMassachusetts Supreme Judicial Court · 1909
- Fifty Associates v. GraceMassachusetts Supreme Judicial Court · 1878
- Taylor v. TusonMassachusetts Supreme Judicial Court · 1898
- Whicher v. CottrellMassachusetts Supreme Judicial Court · 1896
3Cited by14 opinions
- Bandera v. DonohueMassachusetts Supreme Judicial Court · 1950
- Caruso v. ShelitMassachusetts Supreme Judicial Court · 1933
- Taylor v. KennedyMassachusetts Supreme Judicial Court · 1917
- Ames v. BealMassachusetts Supreme Judicial Court · 1933
- Cassidy v. WelshMassachusetts Supreme Judicial Court · 1946
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