Saxon Theatre Corp. of Boston v. Sage

The plaintiff’s original declaration consisted of three counts in contract: one against Bobert Sage, Harry Sagansky, and Louis Fox; one against the Boston Motor Hotel Trust; and one against Bay State Motor Hotel Trust. Each count was basically the same and sought damages for the defendants’ breach of an alleged agreement, embodied in a letter, to construct a motion picture theatre and to lease it to the plaintiff on the terms set forth in the agreement. The defendants demurred on several grounds. One of them, which is decisive, was that the agreement was so lacking in essential terms as to be…