Durgin v. Lewis

In a writ brought under the rules of pleadings and procedure in effect prior to December 1, 1959 the plaintiff in the first count of his declaration declared upon an express oral contract. There were inserted allegations of part performance by the plaintiff and breach by the defendant effectively preventing further performance by plaintiff. The second count in the declaration contained the money counts followed by a specification alleging part per formance by the plaintiff of an oral contract described only in general terms.

In a hearing before referees, the plaintiff adduced evidence that the…