McMillan v. Wickstrom
Massachusetts Supreme Judicial Court
Contract, with a declaration as amended upon an account annexed for $110, alleged to be due as rent of an apartment for the months of May and June, 1921, at $55 per month.
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Contract, with a declaration as amended upon an account annexed for $110, alleged to be due as rent of an apartment for the months of May and June, 1921, at $55 per month. Writ in the Municipal Court of the City of Boston dated June 30, 1921. In his answer, as amended, the defendant, besides setting up a general denial and an allegation of payment, alleged an eviction, and that he had occupied the premises “as a result and in consequence of the false and fraudulent representations made to him by the plaintiff, the plaintiff well knowing that said representations were untrue and the plaintiff…
1Opinion of the CourtPierce, J.
This is an appeal from an order “Report dismissed” of the Appellate Division of the Municipal Court of the City of Boston. The action was one of contract, brought to recover rent for the months of May and June, 1921. The special justice of the Municipal Court found for the plaintiff and reported all the material evidence to the Appellate Division of that court.
The plaintiff and the defendant were the only witnesses and their testimony was conflicting. The defendant’s testimony warranted a finding that he asked the plaintiff if he had a suite of rooms for rent; that the plaintiff said that he…
2Cases cited3 opinions
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Spear v. HardonMassachusetts Supreme Judicial Court · 1913
- Bartnett v. HandyMassachusetts Supreme Judicial Court · 1923
3Cited by8 opinions
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- Holmes Realty Trust v. Granite City Storage Co.Massachusetts Appeals Court · 1988
- Shindler v. MildenMassachusetts Supreme Judicial Court · 1933
- A. W. Banister Co. v. P. J. W. Moodie Lumber Corp.Massachusetts Supreme Judicial Court · 1934
- Framingham Winery, Inc. v. J.A.G., Inc. (In Re J.A.G., Inc.)United States Bankruptcy Court, D. Massachusetts · 1980
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