ANAPOLLE v. CARVER


327 Mass. 344 (1951)

98 N.E.2d 613

MAX ANAPOLLE vs. IRVING CARVER & another.

Supreme Judicial Court of Massachusetts, Suffolk.

May 4, 1951.


Attorney(s) appearing for the Case

J.M. Cohen, for the defendants.

S. Weinberg, for the plaintiff.

Present: QUA, C.J., LUMMUS, WILKINS, SPALDING, & COUNIHAN, JJ.


SPALDING, J.

Under a written lease dated March 1, 1947, the defendants became tenants of five stores owned by the plaintiff. The lease provided that "if the lessee shall ... [make] any assignment ... of his property for the benefit of creditors, then ... the lessor ... may immediately, or at any time, thereafter, and without demand or notice, enter into and upon the said premises or any part thereof in the name of the whole, and repossess the same as of his former...

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