Legal Opinion

Avery v. Johnson

Boston Municipal Court

Decided May 25, 1951No. 318203Published

1Opinion of the CourtTomasello, J.

In an action of contract the plaintiff sought recovery in .three counts in substance: (1) $1500 plus interest on a promissory note of the defendant, dated October 26, 1949, secured by a third mortgage of real estate owned by the defendant at 265 Clarendon Street, Boston; (2) $115.34 due him on an accounting with the defendant for rents and expenses (including legal services of $450 rendered to the defendant) of the operation of said real estate by the plaintiff from May 9, 1950, to September 20, 1950, under an entry into possession by the plaintiff for breach of condition of his mortgage; and…

2Cases cited11 opinions

  1. Bresnick v. HeathMassachusetts Supreme Judicial Court · 1935
  2. Perry v. HanoverMassachusetts Supreme Judicial Court · 1943
  3. Lindenbaum v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
  4. Lydon v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1941
  5. Dillon v. Town of FraminghamMassachusetts Supreme Judicial Court · 1934

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