Mirachnick v. Kaplan

The plaintiff appeals from an order sustaining the defendant’s demurrer to the plaintiff’s declaration in an action of contract.

After alleging that the defendant had taken possession of the plaintiff’s premises for the purpose of foreclosing a mortgage which he held upon them, the declaration states the contract in these words: “it was finally agreed between the plaintiff and the defendant that if the plaintiff would pay to the defendant the sum of one hundred dollars, the plaintiff to continue to occupy the premises that she occupied heretofore, and pay the defendant a rental for such…