Schleifer v. Worcester North Savings Institution

After the plaintiff waived a count in contract, the judge directed a verdict for the defendant upon the plaintiff's opening on his count in tort for deceit. The question is 'whether the opening stated a cause of action under the latter count.

The substance of the opening, so far as it is necessary to state it for the purpose of this decision, is this: In March, 1933, General Luggage Corporation owned a large mill building in Fitchburg which was in a run down condition and practically vacant, and upon which the defendant held a mortgage for $90,000. The luggage corporation, acting through one…