Engel v. Klatt

In the bill of particulars annexed to plaintiff’s declaration he made claim for one month’s rent of premises leased to defendant and for State and county and city taxes paid by him, in all the sum of $9,272.50. With his plea of the general issue, defendant gave notice that he would show at the trial “that he has been released by plaintiff from the lease and obligations alleged in said declaration,” and filed demand for a jury trial. Soon thereafter, plaintiff’s attorneys filed a motion for a summary judgment, to which was attached an affidavit of plaintiff, fully verifying his claim, as…