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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McKenna v. Begin, 362 N.E.2d 548 (1977)

Citation
McKenna v. Begin, 362 N.E.2d 548 (1977)
Parent Document
McKenna v. Begin, 362 N.E.2d 548 (1977)
Jurisdiction
Massachusetts (state)
Effective Date
1977-05-11

Other Sections in This Document (55)

Full Text

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We think the judge was correct in assessing damages only from June, 1972, when Flynn moved out and Mc-Kenna first spoke to Begin about continuing the tenancy alone. A tenancy at will cannot be created without the consent of both parties. Maguire v. Haddad. 325 Mass. 590, 593 (1950). Iorio v. Donnelly, 343 Mass. 772 (1961). Bruce v. Harvard Trust Co. 1 Mass. App. Ct. 373, 375 (1973). While there may have been implied consent by Begin to McKenna’s joint occupancy of the apartment with Flynn, McKenna has not met his burden of proving that Begin agreed to accept McKenna as a tenant any earlier than June, 1972.