Hopkins v. Murphy
Massachusetts Supreme Judicial Court
Contract, brought by the plaintiff, as trustee, on a covenant to pay rent in a lease of the upper of two suites in a house numbered 67 on Winthrop Road in Brookline, to recover rent for the months of February, March and April, 1916, at the rate of $79.17 per month.
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Contract, brought by the plaintiff, as trustee, on a covenant to pay rent in a lease of the upper of two suites in a house numbered 67 on Winthrop Road in Brookline, to recover rent for the months of February, March and April, 1916, at the rate of $79.17 per month. Writ in the Municipal Court of the City of Boston dated April 4, 1916. The answer, among other things, alleged that before the rent mentioned in the plaintiff’s declaration became due the defendant was evicted from the premises by the plaintiff “permitting large numbers of vermin or roaches to invade said premises or a substantial…
1Opinion of the CourtCrosby, J.
This is an action to recover rent under a written lease of the upper suite in a two-family house. The defendant denies liability and contends that he was constructively evicted from the premises by reason of the presence in the suite of large numbers of “roaches,” rendering it unfit for occupancy. We understand that “roaches” as described in the record are what are commonly known as “ cockroaches.” There was no evidence to show that there were any cockroaches in the leased premises until about December 1, 1915, — more than two years after the defendant’s occupancy began. It appeared that as…
2Cases cited9 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
- McKeon v. CutterMassachusetts Supreme Judicial Court · 1892
- Sherman v. WilliamsMassachusetts Supreme Judicial Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Stone v. SullivanMassachusetts Supreme Judicial Court · 1938
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- Fifty Associates v. Berger Dry Goods Co.Massachusetts Supreme Judicial Court · 1931
- Giraud v. MilovichCalifornia Court of Appeal · 1938
- Longwood Towers Corp. v. DoyleMassachusetts Supreme Judicial Court · 1929
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