EDWARD'S FINE FURNITURE, INC. v. DiTULLIO


356 Mass. 380 (1969)

252 N.E.2d 348

EDWARD'S FINE FURNITURE, INC. vs. EDWARD DiTULLIO & another, trustees.

Supreme Judicial Court of Massachusetts, Suffolk.

October 31, 1969.


Attorney(s) appearing for the Case

Frank D. Branca for the defendants.

John S. Ahern for the plaintiff.

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


KIRK, J.

The defendants appeal from a final decree in the Superior Court enjoining them from prosecuting a summary process action to recover possession of premises occupied by the plaintiff under a written lease. The decree also provided that upon payment of the sum of $1,352.56 by the plaintiff (lessee) to the defendants (lessors) the purported termination of the lease by the lessors shall be void.

The evidence is reported. The judge made comprehensive findings...

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