Barr v. Moses

The plaintiffs sue in contract to recover, in a single count, $500.00, the balance alleged to be owed under an agreement to pay part of the construction costs of a building, and $600.00 for rent under the terms of a written lease. After the evidence was in, the plaintiffs amended their declaration by claiming that the parties entered into an oral agreement on a secular day containing the same provisions as contained in the lease, and added Count 2, declaring on an account annexed.

The defendant’s answer is a general denial and a special plea that the “agreement or lease or both was signed,…