Stebbins v. Quinty

We agree with the conclusion of the trial judge that the evidence, although sparse, afforded sufficient basis for a finding that the oral agreement of lease included a provision that the defendant landlord should keep the cesspool in proper working order, a finding which, on the judge’s instructions, was a prerequisite to the verdict which the jury rendered for the plaintiff on count 1. The words “prior to that” in context appear to mean prior to the start of the tenancy, and, in conjunction with evidence that the landlord in fact undertook the pumping or repair of the cesspool ten or so…