George D. Emerson Co. v. Daley Foam Products, Inc.

1. The material before the judge at the time of his ruling on the plaintiff s motion for summary judgment (including the defendant’s answer, its answers to interrogatories, “Exhibit 1,” so called, and the affidavit of Loujean Dunbar) established as matter of law that the defendant owed the plaintiff the sums shown on Exhibit 1 and not less than $500 per month rental for the months thereafter until the defendant vacated the premises. The plaintiff has abandoned its claim for rent in excess of that sum and has agreed to a pro rata rent for the days the defendant occupied the premises in August,…