Yoffe v. Krasnow Wool Stock Co.

In this action of summary process, which was heard on a case stated, the judge in effect ordered judgment for the plaintiffs by finding “for the plaintiff[s] for possession.” The defendant appealed. G. L. (Ter. Ed.) c. 231, § 96.

The facts material to the questions raised by this appeal are these: The plaintiffs are, and for a considerable period have been, the owners of a parcel of “nonresidential commercial real estate” located on the corner of Maple and Auburn streets in Chelsea. The defendant had occupied these premises under a lease from the plaintiffs which expired on April 1, 1945.…