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CAPP v. CHAMBERLAIN REAL ESTATE, INC.

355 Mass. 58 (1968)

242 N.E.2d 756

ALFRED G. CAPP vs. CHAMBERLAIN REAL ESTATE, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

December 10, 1968.

Attorney(s) appearing for the Case

Ralph F. Mazza for the plaintiff.

George T. Padula for the defendant.

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

CUTTER, J.

Capp's bill, filed August 4, 1967, alleges that he has been constructively evicted from premises leased to him by Chamberlain Real Estate, Inc. (Chamberlain). The bill, among other things, seeks to restrain further collection of rent under the lease and also seeks declaratory relief concerning the rights and obligations of the parties to the lease. Capp's principal complaint is that Chamberlain failed to provide...

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