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FREEDMAN v. SIDRICH REALTY CORP.

333 Mass. 261 (1955)

130 N.E.2d 592

HYMAN M. FREEDMAN vs. SIDRICH REALTY CORPORATION.

Supreme Judicial Court of Massachusetts, Suffolk.

November 30, 1955.

Attorney(s) appearing for the Case

Edward J. Barshak, (Melvin J. Dangel & Joseph B. Silverio with him,) for the plaintiff.

Max Kabatznick, (Marvin N. Geller with him,) for the defendant.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & COUNIHAN, JJ.

WILKINS, J.

The plaintiff sues under the housing and rent act of 1947 (U.S.C. [1946 ed.] Sup. V, Title 50, Appendix, § 1895) for alleged overcharges of rent. A demurrer to the declaration for failure to state a cause of action was sustained, and the plaintiff appealed without taking advantage of leave to amend.

The declaration is in two counts, which are substantially identical except that count 1 asks for treble damages. It

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