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ROSEMAN v. DAY

345 Mass. 93 (1962)

185 N.E.2d 650

HARRY R. ROSEMAN & another vs. JOHN R. DAY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

November 5, 1962.

Attorney(s) appearing for the Case

Gregory Sullivan for the defendants.

Herbert D. Lewis for the plaintiffs.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

WILKINS, C.J.

This bill for declaratory relief seeks a determination of the validity of two leases of premises used as a retail drug store at 391 and 393 Columbia Road in the Dorchester district of Boston. The plaintiff Roseman was the original lessee from Jennie C. Day, who died leaving the defendants as her heirs at law. The plaintiff Bird Pharmacy, Inc., is an assignee of the leases from Roseman. A final decree declared that the assignment of the leases is valid...

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