Fifty Associates v. Berger Dry Goods Co.

This is an action of contract brought in the Municipal Court. The declaration is in three counts, each on an account annexed, the first and second for rent from June 1, 1929, to October 31, 1929, under two written leases, dated respectively, June 1, 1925, and April 2, 1925, and the third, as to which there is no dispute, for water rates. *511The defendant pleaded a general denial, payment and eviction, and that the plaintiff by fraud and concealment of .the condition of the premises induced the defendant to execute the leases. Execution of the leases by the parties, occupation of the premises by…