SCIRPO v. McMILLAN


355 Mass. 657 (1969)

247 N.E.2d 368

PAOLO SCIRPO & another vs. GENEVIEVE McMILLAN, trustee.

Supreme Judicial Court of Massachusetts, Middlesex.

April 14, 1969.


Attorney(s) appearing for the Case

Richard L. Seegel for the plaintiffs.

William M. O'Brien for the defendant.

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


WHITTEMORE, J.

The issue on the plaintiffs' appeal from a final decree in a suit for a declaratory decree is the construction of the provision in a lease made on June 17, 1962, of premises in Cambridge under which Paolo Scirpo (hereinafter the plaintiff) was lessee and the defendant was lessor reading: "For a period of five years starting Sept 15 1962 with an option of further extension" (emphasis supplied).

The evidence is before us. The judge made...

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