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LOITHERSTEIN v. INT'L BUSINESS MACHINES CORP.

11 Mass. App. Ct. 91 (1980)

413 N.E.2d 1146

ESTHER LOITHERSTEIN, trustee, vs. INTERNATIONAL BUSINESS MACHINES CORPORATION.

Appeals Court of Massachusetts, Suffolk.

December 26, 1980.

Attorney(s) appearing for the Case

Raymond J. Brassard for the defendant.

Joel A. Kozol for the plaintiff.

Present: BROWN, GREANEY, & KASS, JJ.

GREANEY, J.

This case raises the question whether a lease executed between the plaintiff as trustee of 1505 Commonwealth Trust (trust) and International Business Machines Corporation (IBM) was properly terminated by IBM under an "Early Termination Option" at the end of the fifth year of its initial ten year term. The lease, dated November 1, 1967 (as amended on December 14, 1967), provided that IBM would lease the trust's land and buildings in Brighton for a term...

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