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KENNEDY v. BOSTON-CONTINENTAL NAT. BANK

Nos. 3131, 3132.

84 F.2d 592 (1936)

KENNEDY v. BOSTON-CONTINENTAL NAT. BANK et al. BOSTON-CONTINENTAL NAT. BANK et al. v. KENNEDY.

Circuit Court of Appeals, First Circuit.

June 25, 1936.

Attorney(s) appearing for the Case

George B. Rowlings, of Boston, Mass. (Tyler, Eames, Wright & Reynolds, Charles A. Rome, Lewis H. Weinstein, and Joseph Sugarman, all of Boston, Mass., on the brief), for Kennedy and Ulin.

Murray F. Hall and Donald J. Hurley, both of Boston, Mass. (Goodwin, Procter & Hoar, of Boston, Mass., on the brief), for Boston-Continental Nat. Bank and Deitrick, receiver.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

BINGHAM, Circuit Judge (after stating the facts as above).

The matters to which the parties have chiefly addressed themselves relate to count 5, in which the plaintiff seeks to recover liquidated damages under a covenant of the lease wherein the lessee covenants to pay the lessor, upon the termination of the lease, the excess of the rent reserved over the fair rental value of the premises for the residue of the term. Under this count the District Court allowed the...

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