PERREAULT v. CIRCLE CLUB, INC.


326 Mass. 458 (1950)

95 N.E.2d 204

JULES A. PERREAULT vs. CIRCLE CLUB, INC. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 13, 1950.


Attorney(s) appearing for the Case

L. Sontag, (D.A. Rose with him,) for the defendant Circle Club, Inc.

M. Michelson, for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & WILLIAMS, JJ.


LUMMUS, J.

On December 13, 1948, the plaintiff leased to the corporate defendant a television set for one month at a rental of $150 a month, with an option to buy it for $1,721.25. The lease contained the following provision: "The lessee shall pay for any damage to the equipment during the term hereof or while the same is in his actual possession or constructive possession, which may be due otherwise than the ordinary wear and tear incident to the normal use thereof...

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