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eBook details

• Title: Vieira v. Menino
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 09, 1947
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

RONAN, Justice. The plaintiff brought this action under the provisions of section 205(e) of the Emergency Price Control Act of 1942, Act of January 30, 1942, 56 U.S. Sts. at Large, 23, 34, 50 U.S.C.A.Appendix, § 925(e), to recover alleged overcharges for rent demanded by the defendant and paid by the plaintiff for the use and occupancy by the plaintiff of a dwelling owned by the defendant. These overcharges were alleged to have been made in five weekly payments of rent and to have exceeded the maximum lawful rental charge duly established by the price administrator. See Schaffer v. Leimberg, 318 Mass. 396, 62 N.E.2d 193; Glover v. Mitchell, 319 Mass. 1, 64 N.E.2d 648; Fleetham v. Winter Hill Liquor Store, Inc. 319 Mass. 29, 64 N.E.2d 650; Grindle v. Brown, 321 Mass. 182, 72 N.E.2d 431. The writ was amended so that the action was one of contract or tort. The declaration as finally amended contained five counts. Each count was brought on account of the overcharge for one particular week, and no contention has been made that any count did not sufficiently allege all the elements required to set out a cause of action under said section 205(e). See Wright v. Boston & Maine Railroad, 129 Mass. 440; Garvey v. Wesson, 258 Mass. 48, 154 N.E. 516. At the close of the evidence the defendant filed a motion which was treated by the Judge and parties as a motion to require the plaintiff to elect whether he would base his case on tort or contract. The Judge allowed the motion subject to the exception of the plaintiff. The plaintiff stated that he would 'stand upon the action in contract.' The defendant then filed a motion that a verdict be directed for her on the ground that an action in contract would not lie. The Judge allowed this motion and directed a verdict for the defendant, all subject to the plaintiffs exception. The plaintiff also excepted to the denial of a motion for a directed verdict in his favor.

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