Aylward v. Tierney

The plaintiff sued upon an account annexed for “Rent payable in advance of Suite No. 12A, 394 River-way, Boston, Massachusetts for the months" of March, April, and May, 1925.” The answer was general denial, payment, surrender and acceptance, and eviction. A replication was filed setting up res judicata as to surrender and eviction.

The trial judge admitted a written “indenture,” not under seal, executed by the parties, which provided for leasing the *573premises in question to the defendant for a term of ten months from August 1, 1924, at a rent of $75 per month, payable in advance, and which was…