Mastrullo v. Ryan

This is an action of summary process for the possession of residential premises in Cambridge. G. L. . (Ter. Ed.) c. 239, § 1, as amended by St. 1941, c. 242, § 1. The District Court judge found for the plaintiffs. Upon appeal the judge in the Superior Court denied the defendant’s motion for a directed verdict, and directed a verdict for the plaintiffs “because the rent for October, 1950, in consequence of the nonpayment of which this suit was brought, has never ■been paid.” The defendant excepted.

At the trial it was agreed that the premises were “controlled premises” under the housing and…