FINN v. PETERS


340 Mass. 622 (1960)

165 N.E.2d 896

D. LAWRENCE FINN vs. VICTOR PETERS.

Supreme Judicial Court of Massachusetts, Suffolk.

March 31, 1960.


Attorney(s) appearing for the Case

Sturtevant Burr, (James B. Winward with him,) for the defendant.

Russell J. Coffin & Edward A. Hutchinson, Jr., for the plaintiff, submitted a brief.

Present: WILKINS, C.J., SPALDING, WILLIAMS, WHITTEMORE, & CUTTER, JJ.


CUTTER, J.

The plaintiff in 1940 rented the first floor of a three story, three family dwelling. The defendant became the landlord in October, 1948, and he soon moved into another apartment in the building. Thereafter there were three increases in the plaintiff's rent, the last in September, 1955. There was no lease. Extending twenty feet along the whole width of the rear of the house was a porch or piazza enclosed only by a railing. At the left end of the porch ...

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