281 Mass. 106 | Mass. | 1932
The plaintiffs, who were the owners of premises which had been occupied by the defendant as tenant at will, have brought suit to recover $28 as rent for the month of April, 1931. The case was tried on an agreed statement of facts before a judge of the District Court. He denied certain of the plaintiffs’ requests for rulings and reported his action for the determination of the Appellate Division which entered the order “Report Dismissed.” The plaintiffs appealed from that order to this court.
Under the contract of letting the rent was due and payable on the first day of each month, in arrears. The first day of March in 1931 fell on a Sunday. But for that fact
Since by force of the statute G. L. (Ter. Ed.) c. 4, § 9, the day for payment of the February rent became March 2 instead of March 1, the defendant’s notice given on that payment day of .intention to terminate his tenancy on the next payment day (which would be April 1) was sufficient. The “time of such notice” was “equal to the interval between the days of payment” within the natural and ordinary meaning of those words in the statute, G. L. (Ter. Ed.) c. 186, § 12. Furthermore the application of the statute G. L. (Ter. Ed.) c. 4, § 9, is not limited to the act of making a money payment. “Except as otherwise provided, when the day or the last day for the performance of any act . . . authorized or required by statute or by
There was no error in the refusal of the trial judge to grant the plaintiffs’ requests for rulings that on all the facts, on the law, on all the evidence the plaintiffs were entitled to recover, that the defendant did not give notice in accordance with G. L. (Ter. Ed.) c. 186, § 12, or that the notice given on March 2 was not a proper notice.
Order dismissing report affirmed.