Whicher v. Cottrell
Massachusetts Supreme Judicial Court
Two ACTIONS OE CONTRACT, for use and 'occupation of a store in Boston, the first being to recover rent from August to December, 1893, inclusive, and the second for the months of January and February, 1894. The cases were tried together in the Superior Court, before Blodgett, J., who reported them for the determination of this court, in substance as follows.
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Two ACTIONS OE CONTRACT, for use and 'occupation of a store in Boston, the first being to recover rent from August to December, 1893, inclusive, and the second for the months of January and February, 1894. The cases were tried together in the Superior Court, before Blodgett, J., who reported them for the determination of this court, in substance as follows. The plaintiff testified that he first let the premises in question, 34 Dearborn Street, to the defendant in 1881 or 1882, under an oral agreement, at $37.50 per month ; that in August, 1893, the defendant was his tenant; that it was his…
1Opinion of the CourtBarker, J.
Considered as a notice intended to terminate the tenancy, the original notice did not comply with the provisions of the statute. Pub. Sts. c. 121, § 12. But if the plaintiff knew that the notice was intended to terminate the tenancy, he might so act as to preclude himself from objecting that the notice was insufficient. Boynton v. Bodwell, 113 Mass. 531, 537. We are of opinion, however, that the evidence would not justify a finding for the defendant. Assuming that on May 1, 1893, the plaintiff knew from reading the notice that the defendant intended to terminate his tenancy, the plaintiff…
2Cases cited1 opinion
- Boynton v. BodwellMassachusetts Supreme Judicial Court · 1873
3Cited by5 opinions
- Leavitt v. MaykelMassachusetts Supreme Judicial Court · 1911
- Cooley v. CollinsMassachusetts Supreme Judicial Court · 1904
- Taylor v. TusonMassachusetts Supreme Judicial Court · 1898
- Marr v. DoranMassachusetts Supreme Judicial Court · 1940
- Marr v. DoranMassachusetts District Court, Appellate Division · 1940