Bartlett v. Farrington

To constitute an eviction which will operate as a suspension of rent, there 'must either be an actual expulsion of the tenant, or some act of a permanent character, done by the landlord with the intention and effect of depriving the tenant of the enjoyment of the demised premises or some part of it, to which he yields, abandoning the possession within a reasonable time, Royce v. Guggenheim, 106 Mass. 201. De Witt v. Pierson, 112 Mass. 8. Mirick v. Hoppin, 118 Mass. 582.

In the case at bar, the defendant occupied the demised premises under a lease for three years, commencing July 1,1874, until…