Wolbarsht v. Donnelly

In this action the plaintiff seeks to recover for the breach of a written contract under seal, between the *230plaintiff and the defendant (doing business as John Donnelly and Sons), a copy of which is set out in the record and is hereafter referred to as the “roof lease.”

The plaintiff’s substitute declaration was in three counts. The judge ruled that there could be no recovery on counts 2 and 3 and denied the defendant’s request: “1. On all the evidence and the pleadings the plaintiff cannot recover on the first count of the substitute declaration and the finding of the court must be for the…