William A. Doe Co. v. City of Boston

The writ in this case described the action as in tort or contract; the declaration was in. two counts, the first in tort, the second in contract. Afterwards, by amendment, the second count was struck out. The trial judge overruled the defendant’s demurrer to the first count and reported the case to this court.

After the amendment the action became one in tort for unliquidated damages for the alleged eviction of the plaintiff as lessee of stalls numbered 28, 30 and 32, and of cellars numbered 9 and 10, in the building called Faneuil Hall, a part of Faneuil Hall Market in the city of Boston.

The…