Supreme Court of Vermont January 5, 1949 (Needleman v. American Clothing Co.)

Jeffords, J.

This is an action of contract for the recovery of rent. It was brought under the common counts with specifications which set forth a claim to recover one third of the net income of the premises from March 1, 1946, on a basis of a monthly rental of $250.00.

The material facts in the case are undisputed. The plaintiff is a one third owner in common with Louis C.