McCarthy v. Halloran

Action of contract in which a landlord seeks to recover for use and occupation of premises allegedly owned by the plaintiff.

The plaintiff’s declaration as amended contained two counts, one on an account annexed for use and occupation for the months of January to September inclusive, nine months at $45.00' a month, or a total of $405; and the other, *299alleging that the defendant was a trespasser on premises owned by the plaintiff for the same period of nine months to the damage of the plaintiff as in her writ and declaration alleged.

The defendant’s amended answer is a general denial; that the…