Longwood Towers Corp. v. Doyle

This is an action of contract brought by the plaintiff as assignee of an indenture of lease, executed by Alden Park Manor, Inc., in Brookline, a Massachusetts corporation, and Marie R. Doyle, on April 28, 1925. The declaration is in two counts, both for the same cause of action. Count one alleges rent due under a lease, a copy of which is annexed to the declaration; and count two alleges rent due for use and occupation. The answer is a general denial, a plea of payment, a constructive eviction, and such equitable defences, if any exist, as are available to the defendant.

Before any evidence…