DaRocha v. Macomber

This is an action of contract commenced by writ dated December 6, 1951. The plaintiff’s declaration contains four counts. Count 1 is for the recovery of rent of certain personal property. Counts 2 and 3 are for the recovery of $4,000 for breach of a written instrument relating to the same personal property. Count 4 is quantum meruit to recover $4,000 alleged to be the price of the personal property. The answer contains a general denial, a denial of the plaintiff’s title, and averments of payment and of fraud.

The critical question for decision is whether the written instrument signed by both…