Palumbo v. Olympia Theatres, Inc.

This is an action by a tenant against his landlord to recover damages for the alleged breach of an implied covenant of quiet enjoyment under a lease. The plaintiff’s declaration was in two counts; one in tort and the other in contract. At the conclusion of the evidence the judge required the plaintiff to elect on which count he would proceed, and he elected to go forward on the count in contract. After the bringing in of a verdict for the plaintiff, the judge, under leave reserved, entered a verdict for the defendant, to which the plaintiff duly saved an exception. Certain exceptions were…