320 Mass. 317 | Mass. | 1946
The plaintiff’s declaration alleges that the defendant entered into an agreement with it on or about March 21, 1942, whereby the defendant was to lease to the plaintiff the premises at number 2 Birnie Avenue, Springfield, as a warehouse under a three year lease, and that the defendant in addition was to perform certain services for the. plaintiff and failed to do so.
On April 9, 1942, a lease of the premises was executed by the parties for a three year term commencing June 1, 1942. The lease contained no reference to the services
There was no error in the denial of the plaintiff’s third, fourth, fifth, sixth and ninth requests for rulings, and nothing
Exceptions overruled.
“Confirming our conversations we agree to rent you our warehouse, at 2 Birnie Avenue, under a three (3) year lease for sixty dollars ($60.00) per month. We further agree to answer the phone, do a small amount of typewriting and check loads of merchandise leaving warehouse during our regular office hours. We originally planned that you would take over on" May 1, 1942, but Mr. Frank our present tenant would appreciate a sixty day notice. Moving your date of occupancy to June 1, 1942. Of course if it makes any difference to you I can insist that Mr. Frank moves on May 1. By my agreement with him I am legally correct in doing this. I have a lease form in the office and if you would please stop in some morning we could go over it together.”