288 Mass. 191 | Mass. | 1934
This is an action of contract to recover for rent of certain premises alleged to be due for the months of June, July and August, 1928, at the rate of $215 per month. At the close of the evidence the defendant filed a motion for a directed verdict, which was denied, and the jury found for the plaintiffs in the sum of $512.
There was evidence tending to show that the plaintiffs were the owners of the premises consisting of a store and appurtenances connected therewith; that they executed a written lease thereof to Louis Wernick and Harry Wernick, copartners doing business as the Holyoke Phonograph Company, for the term of three years from August 15, 1927; that after the execution of the lease and before June 1, 1928, Harry Wernick had released to Louis Wernick all his interest in the Holyoke Phonograph Company, but did not assign his interest in the lease. On June 2, 1928, Louis Wernick executed a common law assignment for the benefit of his creditors to the defendant as trustee. The assign
It is plain upon the entire evidence that a verdict could not properly have been directed for the defendant. The case was rightly submitted to the jury. A verdict was returned in favor of the plaintiffs in the sum of $512.
Exceptions overruled.