Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)

Citation: Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)
Parent Document: Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)
Jurisdiction: Massachusetts (state)
Effective Date: 1979-11-08
Original Source: https://www.courtlistener.com/opinion/2240485/berman-sons-inc-v-jefferson/ ↗

Full Text

1,362 chars

Cynthia Jefferson (tenant) leased for one year, beginning March 1, 1976, at $245 a month an apartment in Peabody from Berman & Sons, Inc. (landlord). From late August until October 8, 1976, a series of breaks in underground heating pipes caused the tenant to receive intermittent heat. The landlord repaired each leak promptly. On October 8, the pipe burst completely and the tenant was without heat until the pipe was repaired on October 20. Furthermore, from time to time, the apartment was without adequate hot water. These failures continued sporadically through June, 1977. The tenant withheld $35 from her November, 1976, rent. The landlord returned the check and in January, 1977, brought an action for summary process in the District Court of Peabody. The tenant answered and counterclaimed, alleging, inter alla, breach of the implied warranty of habitability. The judge denied the landlord’s claim for possession and awarded the tenant $310 damages. In February, 1977, the landlord appealed to the Superior Court, which heard the case on written stipulations. On October 23, 1978, the judge entered findings of fact, conclusions of law, and an order awarding the tenant $310 for breach of the warranty of habitability. The landlord appealed from the judgment. We granted the landlord’s application for direct appellate review. We affirm the judgment. 1

Other Sections in This Document (63)

Full Text