Commonwealth Investment Co. v. Fellsway Motor Mart, Inc.

This is an action of contract to recover rent under a lease.

The declaration alleges that “the defendant owes . . . [the plaintiff] the sum of . . . $3,400 for rent of certain stores, bays and basement held by the defendant of the plaintiff, and interest.” The declaration has a bill of particulars annexed. The answer of the defendant is a general denial, payment and a special answer “that after the delivery of the lease referred to in the plaintiff’s declaration, the plaintiff and the defendant entered into a subsequent oral agreement made on sufficient consideration, under the terms of which…