HOWARD D. JOHNSON CO. v. MADIGAN


361 Mass. 454 (1972)

280 N.E.2d 689

HOWARD D. JOHNSON COMPANY vs. FRANCIS W. MADIGAN, JR., trustee.

Supreme Judicial Court of Massachusetts, Worcester.

March 21, 1972.


Attorney(s) appearing for the Case

Burton Chandler for the defendant.

Harry Zarrow for the plaintiff.

Present: TAURO, C.J., CUTTER, QUIRICO, & HENNESSEY, JJ.


TAURO, C.J.

The defendant appeals from a final decree granting the plaintiff equitable relief against the forfeiture of a lease. The defendant, as the assignee of the lease, sought to terminate the lease on April 6, 1970, because of the plaintiff's failure to supply certain business statements in accordance with the lease requirements.

The pertinent evidence is as follows. On July 1, 1965, the plaintiff leased a certain parcel of land in Worcester from C....

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