Walker v. Sharpe
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, for possession of a shop in Lawrence. Writ dated September 17, 1866. At the new trial in the superior court, before Putnam, J., after the decision reported 14 Allen, 43, it was not disputed that the defendant Sharpe hired the shop in 1863, by an oral agreement with the agent of the owners, for a rent payable monthly on the first day of each month, and thenceforth occupied it alone until January 1866, when he entered into partnership with John…
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Action on the Gen. Sts. c. 137, for possession of a shop in Lawrence. Writ dated September 17, 1866. At the new trial in the superior court, before Putnam, J., after the decision reported 14 Allen, 43, it was not disputed that the defendant Sharpe hired the shop in 1863, by an oral agreement with the agent of the owners, for a rent payable monthly on the first day of each month, and thenceforth occupied it alone until January 1866, when he entered into partnership with John C. Stewart, the other defendant, and from that time with Stewart. But there was no evidence to charge the owners of the…
1Opinion of the CourtGray, J.
The oral lease from the owners of the land to Sharpe created á tenancy at will only. Gen. Sts. c. 89, § 2. Sharpe’s taking a partner and admitting him into joint occupation with himself did not, in our opinion, amount to an assignment of his interest, or affect his own right in the premises. It has already been decided that, if the notice to quit was duly served on the 1st of August, the tenancy at will was determined and the plaintiff might maintain this action. Walker v. Sharpe, 14 Allen, 43.
The question is now presented whether there was a sufficient service of the notice to quit. The Gen.…
2Cited by12 opinions
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