FAIRVIEW AUDITORIUM CORP. v. FAIRVIEW AUDITORIUM CLUB


331 Mass. 594 (1954)

121 N.E.2d 712

FAIRVIEW AUDITORIUM CORPORATION vs. FAIRVIEW AUDITORIUM CLUB, INCORPORATED.

Supreme Judicial Court of Massachusetts, Hampden.

September 17, 1954.


Attorney(s) appearing for the Case

Edward L. Donnellan, for the defendant.

Frank J. McKay, for the plaintiff.

Present: QUA, C.J., LUMMUS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


LUMMUS, J.

The first count of the plaintiff's declaration is for rent under a written lease. The plaintiff obtained a verdict on that count. The answer of the defendant was a general denial, payment, and an allegation of illegality in the lease. The only exception of the defendant is to the denial of its motion for a directed verdict in its favor on that first count.

The plaintiff was incorporated in 1927 as a business corporation under G.L.c. 156, with a...

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