172 Mass. 244 | Mass. | 1898
These exceptions are almost unintelligible. They recite that the pleadings may be referred to. The defendant, it seems from the pleadings, let a certain store and the cellar under it to one John Lamb, by an indenture of lease for the term of three years from June 1, 1894. The lease provided that the lessee should not “ permit any other person or persons to occupy or improve the same [the premises], or make or suffer to be made any alteration therein, but
The declaration alleged that on August 6,1894, the plaintiff “ took lawful possession of the premises named in said lease and assignment by virtue thereof; and held peaceable and quiet possession of said premises until on or about September seventh, A. D. 1894, when she was unlawfully and without right evicted from all parts of said premises, for the space of about three days, by the said defendant, or by his authority, connivance, and consent; and further, the plaintiff says, that from on or about the said seventh day of September, A. D. 1894, the said defendant ousted and evicted her, unlawfully and without right, from the cellar named in said lease and assignment, and illegally deprived her of the peaceable and quiet enjoyment of said cellar (and broke his implied covenant for the same) for a long space of time thereafter; to her great damage and injury. And the plaintiff further says, that, in consequence of said illegal eviction and deprivation by the said defendant, she was forced and compelled to abandon her tenancy under said lease; and that she did abandon the same, in consequence of the said illegal acts of the defendant, to her great damage and injury.”
It seems that the store above the cellar was closed by somebody from Wednesday to Saturday, after the assignment of the lease, and that the door to the cellar from the bulkhead on the outside of the premises was fastened at or about the same time by a bar on the inside, and remained fastened for a longer period of time. It is assumed in the brief of the plaintiff’s counsel that the plaintiff could not get into the cellar from the store except by going outside and down this bulkhead through this door, but the exceptions do not distinctly show this. There is no evidence that the defendant closed the store as distinguished from
No evidence is recited that the plaintiff abandoned the possession by reason of the cellar door being barred, unless that is to be inferred from the testimony of Carroll above stated, and we think that this testimony is not sufficient to support such an inference. We are of opinion that, on the evidence recited in the exceptions, it does not appear that the ruling of the court was wrong. There is not sufficient evidence recited to show an expulsion of the tenant by the landlord from a part of the premises, done with the intention of depriving the tenant of the enjoyment of such part, to which the tenant yielded, and in consequence of which she abandoned possession of the premises. See Bartlett v. Farrington, 120 Mass. 284.
Exceptions overruled.