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eBook details

• Title: Commonwealth Investment Co. v. Fellsway
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 14, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

PIERCE, Justice. This is an action of contract to recover rent under a lease. The declaration alleges that 'the defendant owes * * * [the plaintiff] the sum of $3400 for rent of certain stores, bays and basement held by the defendant of the plaintiff, and interest.' The declaration has a bill of particulars annexed. The answer of the defendant is a general denial, payment and a special answer 'that after the delivery of the lease referred to in the plaintiff's declaration, the plaintiff and the defendant entered into a subsequent oral agreement made on sufficient consideration, under the terms of which the rent reserved in the lease hereinbefore referred to was reduced for the remainder of the term, to $400 per month'; that the defendant 'paid the rent so reserved pursuant to the terms of said agreement from November, 1932, to April, 1934, and that the plaintiff accepted said payments as the rent reserved under said original agreement.' It is not disputed that the plaintiff was the owner of the premises; that a lease thereof dated May 27, 1932, was duly executed by the plaintiff as lessor and by the defendant as lessee; that the defendant occupied the premises under said lease from the commencement of the term, July 1, 1932, to May 5, 1934; that the lease was for a term of two years commencing July 1, 1932, at a monthly rental of $600; that the defendant's business was the sale of automobiles and automobile accessories; that the defendant paid the plaintiff the rent reserved of $600 each month for the months of July, August, September and October, 1932; that the witness, Edward Watchmaker, had been treasurer, clerk and director of the plaintiff corporation continuously from its organization in 1919 to the date of the writ; that Frank H. Baer had been president and director of the plaintiff corporation from the date of its organization to the date of the writ; that William F. Smith became president of the defendant corporation on or about July 1, 1931; that prior to July 1, 1931, Louis Anacone had been its treasurer, and that commencing July 1, 1931, Benjamin Kamm became and served continuously as the treasure of the defendant to the time of the trial in this action. No question is raised but that the several officers of the plaintiff and defendant corporations had authority to act in the premises for their corporations. It is also not disputed that a conference was held between Watchmaker (treasurer of the plaintiff), one Rudnick (a director of the plaintiff) and Smith and Kamm, president and treasurer respectively of the defendant corporation, relative to rent for November, 1932, and following months.

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