291 Mass. 224 | Mass. | 1935
The defendant The Ginter Restaurant Co., the holder of a long term lease of the building in Boston in which is situated the store numbered 35-39 Winter Street, gave to the plaintiff a written lease of the store for a term ending on December 31, 1932. The plaintiff continued in possession as a tenant at will. Then the plaintiff became tenant under an oral lease for four months, ending February 28, 1934.
On January 20, 1934, the Ginter company gave the plaintiff written notice to vacate the store on or before February 28, 1934. On February 13, 1934, the Ginter company executed and delivered to the defendant Leeds Inc. a written lease of the store, for a term beginning March 1, 1934,
On March 1, 1934, early in the morning, the defendant Ginter company shut off the electric lights which lighted the store. Later in the day said defendant entered the store peaceably, took possession, and changed the lock on the rear door. It informed the plaintiff that he might remove his merchandise, fixtures and other property, but the plaintiff neither did so nor intended to do so. On March 2, 1934, said defendant boarded up the front door. On March 7, 1934, said defendant began to move the plaintiff’s goods from the store to a storage warehouse, where they were stored in the plaintiff’s name. The removal and storage were completed on March 12, 1934. The defendant Leeds Inc. had nothing to do with the moving or storage, but on March 6, 1934, did begin the alteration of the front of the store, by permission of the Ginter company, without taking possession. The defendant Waldorf System Incorporated had nothing to do with the matter, except that it owned, and controlled the defendant Ginter company.
The plaintiff brought several actions of tort against the three defendants, alleging conversion, unlawful eviction, malicious injury to business, and assault and battery. The trial judge found for the several defendants. The Appellate Division dismissed the report. It deemed immaterial the notice to quit and the lease to Leeds Inc. It held that the oral lease to the plaintiff expired on February 28, 1934, that his duty was to vacate the store on or before that day, and that the Ginter company was entitled to take possession on March 1, 1934, and to remove and store the plaintiff’s goods. The plaintiff appealed.
The Appellate Division was right. Although by statute an oral lease creates a tenancy at will (G. L. [Ter. Ed.]
Order dismissing report affirmed.