Temple Realty Co. v. Hurly

This is an action of contract brought by the plaintiff as lessor against the defendant as lessee in three counts, the first of which is immaterial.

Counts two and three are for the same cause of. action. ■Count two states that the defendant owes the plaintiff the sum of $70 for use and occupation during November and December of 1937 at the rate of $35 per month. Count three reads as follows:

“The plaintiff says that the defendant executed a lease on or about October 31, 1936 of the basement suite at 23 Temple St., Boston, at a monthly rental of $35.00 and covenanted therein to deliver up the…