Cappuccino v. Joy Health Spa of Canton, Inc.

This appeal emanates from a Summary Process action commenced on August 7,1980, by the plaintiff, Ernest Cappuccino, to recover possession of the premises located at 106 Washington Street, Canton, Massachusetts, together with unpaid rent in the amount of $3,358.00 from the defendant, Joy Health Spa ofCanton, Inc. The defendant filed its answer on August 15,1980, denying that it held the premises unlawfully and asserting that it was at all times ready and able to render the rent due to plaintiff but said rent had been refused by the plaintiff. The defendant also filed a counterclaim, alleging a…