101 Mass. 63 | Mass. | 1869
After the termination of the defendant’s estate as knant at will, by the act of the lessor, she was entitled to be informed of the act by which it was terminated, and could not be regarded as a trespasser or liable to a suit for possession until she had reasonable time to remove with her goods from the premises. What is reasonable time must depend upon all the circumstances of the case. In Pratt v. Farrar, 10 Allen, 519, forty-eight hours were held sufficient to allow a tenant at suffer
This case was submitted to the court without a jury, and we see no occasion to disturb the judgment of the court below. Furlong v. Leary, 8 Cush. 409. Rising v. Stannard, 17 Mass. 282, 288.
It is not necessary to decide what effect, if any, a revocation by the plaintiff of the time given in the notice, before its expiration, or an express denial of the plaintiff’s right by the tenant, and a refusal to remove, would have had upon the result we come to. Exceptions overruled.