Boynton v. Bodwell
Massachusetts Supreme Judicial Court
Actions of contract, one to recover for the use and occupation of the two upper floors of premises numbered four, Lincoln Street, Boston, from November 1, 1871, to February 1, 1872; the other for the use and occupation of the same premises from February 1, 1872, to November 1, 1872. The first writ was dated February 10, 1872, and the second December 5, 1872. The answer in each case was, that the defendant denied “ each and every allegation in the plaintiff’s declaration.”
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Actions of contract, one to recover for the use and occupation of the two upper floors of premises numbered four, Lincoln Street, Boston, from November 1, 1871, to February 1, 1872; the other for the use and occupation of the same premises from February 1, 1872, to November 1, 1872. The first writ was dated February 10, 1872, and the second December 5, 1872. The answer in each case was, that the defendant denied “ each and every allegation in the plaintiff’s declaration.” Both cases were tried together. At the trial in the Superior Court, before Lord, J., the defendant conceded that he was…
1Opinion of the CourtMorton, J.
It appeared at the trial that the plaintiff let the premises in question to the defendant, by an oral agreement, for five years from May 1, 1871. This created a tenancy at will only. Gen. Sts. c. 89, § 2. There was conflicting testimony as to whether the rent was payable quarterly or monthly; but the jury having found that it was payable monthly, that fact is to be taken as settled. It follows, therefore, that either party could determine the estate at will by one month’s notice in writing given for that purpose to the other party. Gen. Sts. c. 90, § 31. The defendant undertook to terminate…
2Cited by8 opinions
- Connors v. WickMassachusetts Supreme Judicial Court · 1945
- Kennedy v. United StatesUnited States Court of Claims · 1889
- Drey v. DoyleMissouri Court of Appeals · 1887
- Whicher v. CottrellMassachusetts Supreme Judicial Court · 1896
- Corby v. Brill Book & Stationery Co.Missouri Court of Appeals · 1898
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