MISTER DONUT OF AMERICA, INC. v. KEMP


368 Mass. 220 (1975)

330 N.E.2d 810

MISTER DONUT OF AMERICA, INC. vs. BRUCE L. KEMP, trustee, & another.

Supreme Judicial Court of Massachusetts, Plymouth.

June 24, 1975.


Attorney(s) appearing for the Case

A. Morris Kobrick (Francis X. Meaney with him) for the plaintiff.

Ann-Louise Levine (William D. Crosby with her) for Plymouth-Home National Bank.

Lewis P. Aronson for Bruce L. Kemp, trustee.

Alix Smullin, as amicus curiae, submitted a brief.

Present: TAURO, C.J., BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.


BRAUCHER, J.

The principal question before us is whether a "notice of lease" recorded in a registry of deeds under G.L.c. 183, § 4, must refer to an option to purchase contained in the lease. We hold that such an option is not a right of "extension or renewal" and need not be referred to in the notice of lease. The recorded notice in this case was therefore in statutory form and was sufficient to give constructive notice of the option to the defendants, as persons...

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