Taylor v. Tuson
Massachusetts Supreme Judicial Court
Contract, for use and occupation of an office in Worcester, for four months’ rent' from December 24, 1896, to April 24,1897, the rent being fifteen dollars per month and payable monthly on the 24th day of each month. At the trial in the Superior Court, before Caskill, J., it appeared that the defendant moved his property from the premises on December 24,1896, and tendered the keys, which the plaintiff refused to accept..
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Contract, for use and occupation of an office in Worcester, for four months’ rent' from December 24, 1896, to April 24,1897, the rent being fifteen dollars per month and payable monthly on the 24th day of each month. At the trial in the Superior Court, before Caskill, J., it appeared that the defendant moved his property from the premises on December 24,1896, and tendered the keys, which the plaintiff refused to accept.. The plaintiff told the defendant that he should hold him for the rent, and the defendant left the keys and went away. The defendant testified that on November 24, 1896, he…
1Opinion of the CourtField, C. J.
The defendant was a tenant at will of the plaintiff. The presiding justice rightly ruled that if the tenant did not give “a proper and legal notice sufficient to terminate said tenancy,” as the plaintiff did not accept the surrender of the premises, the tenancy at will was not determined by the tenant vacating the premises. Walker v. Furbush, 11 Cush. 366. Batchelder v. Batchelder, 2 Allen, 105. Whicher v. Cottrell, 165 Mass. 351. Pub. Sts. c. 121, § 12.
Exceptions overruled.
2Cases cited1 opinion
- Whicher v. CottrellMassachusetts Supreme Judicial Court · 1896
3Cited by6 opinions
- Caruso v. ShelitMassachusetts Supreme Judicial Court · 1933
- Leavitt v. MaykelMassachusetts Supreme Judicial Court · 1911
- Marr v. DoranMassachusetts Supreme Judicial Court · 1940
- Hunter v. KlauberMassachusetts District Court, Appellate Division · 1962
- Schneider v. Systems Architects, Inc.Massachusetts District Court, Appellate Division · 1980
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