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ALBANO v. JORDAN MARSH CO.

354 Mass. 445 (1968)

238 N.E.2d 52

MICHAEL W. ALBANO vs. JORDAN MARSH COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 5, 1968.

Attorney(s) appearing for the Case

Charles M. Ewing for the defendant.

Edward U. Lee for the plaintiff.

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

KIRK, J.

Albano brought this bill under G.L.c. 231A, § 1, to determine his right to continue performance under a lease agreement with Jordan Marsh Company (Jordan). The decree declared that, under the terms of the agreement, time still remains for Albano to complete his performance. Jordan appeals. There is a statutory report of material facts; the evidence is reported. The standard of review is stated in Sulmonetti v. Hayes, 347...

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