Wolbarsht v. Donnelly

The first of these actions has been previously considered by us. Wolbarsht v. Donnelly, 291 Mass. 229. The second action is brought to recover amounts alleged to be due under the same “roof lease” and to have accrued since the bringing of the first action. The death of the plaintiff Jacob L. Wolbarsht having been suggested (G. L. [Ter. Ed.] c. 228, § 4), his administratrix appeared and prosecuted the actions. The judge found for the plaintiff in both cases, and they now come before us on the defendant’s exceptions to the denial of certain of her requests for rulings.

The terms of the lease in…