Maw v. Fay

This is an appeal from an order of the Appellate Division of the Municipal Court of the City of Boston that “ The plaintiff is given leave to amend his declaration, and to file a remittitur, abating all damages in excess of $132.50, within ten days of the entry of this decision, and ' thereupon the report is ordered to be dismissed; otherwise judgment is ordered for the defendant.”

The declaration is in two counts: the first, in substance, alleges that on November 5, 1920, the plaintiff entered into an agreement with the defendant whereby the defendant agreed to purchase for the plaintiff one…