Commonwealth v. Leibowitz

Opinion by

Baldrige, J.,

This is an appeal from a conviction of forcible entry and detainer.

The tenant was engaged in the poultry business and had been occupying premises owned by the defendant as a monthly tenant under an oral lease. On June 27,1930, the tenant closed his place of business, moved his property, with the exception of a counter and some empty chicken coops or crates, from the storeroom to other premises nearby that he had rented. He testified that he desired to retain possession of the old store and that he offered to pay the monthly rental, which was due in advance on the fifth…