Billings v. Wilson

493 N.E.2d 187 (Mass. 1986)

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Nature of the Case

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Facts

Wilson (D) rented from Billings (P). The residence was the lower floor wherein the P lived above D on the second floor. In September 1984, D withheld rent for alleged breach of warranty of habitability and P filed summary process for rent and possession. D counterclaimed for breach of warranty, interference with quiet enjoyment, retaliation, and violation of Mass. Gen.Laws ch. 93A. The trial judge refused to submit the 93A claim to the jury on grounds that P was not engaged in trade or commerce. D appealed.