Crosby v. Giambusso

This is a voluntary report by a trial judge under G. L. (Ter. Ed.) c. 231, § 108, as amended. The action is one of contract with a declaration in three counts, all for the same cause of action. Count 1 is for goods sold and for rent. Count 2 is under a written agreement annexed to the declaration, and more particularly described in this opinion. *48Count 3 is on an account annexed. The defendant’s answer contains a general denial and an allegation of an accord and satisfaction.

There was evidence that the defendant was indebted to the plaintiffs in the sum of $401.91 and made an assignment for…