UNITED STATES TRUST CO. v. COMMONWEALTH


348 Mass. 378 (1965)

204 N.E.2d 300

UNITED STATES TRUST COMPANY vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

January 28, 1965.


Attorney(s) appearing for the Case

Lawrence A. Sullivan for the petitioner.

John W. Wright, Assistant Attorney General, for the Commonwealth.

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


WILKINS, C.J.

In this petition against the Commonwealth pursuant to G.L. (Ter. Ed.) c. 258, § 1, a landlord seeks to enforce a claim under a written lease for failure to honor a covenant to restore the premises prior to the end of the term. A demurrer to the petition for failure to state a cause of action was sustained. The case is here both on the petitioner's bill of exceptions and on its appeal. We consider the appeal and dismiss the exceptions. Caissie...

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