Legal Opinion

McKenna v. Begin

Massachusetts Appeals Court

Decided May 11, 1977Published

1Opinion of the Court

5 Mass. App. Ct. 304 (1977)

362 N.E.2d 548

BRIAN McKENNA

vs.

BERNARD BEGIN.

Appeals Court of Massachusetts, Franklin.

February 17, 1977.

May 11, 1977.

Present: KEVILLE, GRANT, & BROWN, JJ.

Steven J. Schwartz (James A. Bisceglia with him) for the plaintiff.

KEVILLE, J.

This case returns to us following its remand to the Superior Court for computation by the trial judge of the damages owed to a tenant by his landlord for breach of the implied warranty of habitability. Under that warranty principle, first fully elaborated in this Commonwealth in Boston Housing Authy. v. Hemingway, 363 Mass. 184 (1973), the…

2Cases cited17 opinions

  1. Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
  2. Green v. Superior CourtCalifornia Supreme Court · 1974
  3. Boston Housing Authority v. HemingwayMassachusetts Supreme Judicial Court · 1973
  4. Brown v. Southall Realty CompanyDistrict of Columbia Court of Appeals · 1968
  5. Lena Robinson v. Diamond Housing CorporationCourt of Appeals for the D.C. Circuit · 1972

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