BLAKE BROTHERS CORP. v. ROCHE


12 Mass. App. Ct. 556 (1981)

427 N.E.2d 501

BLAKE BROTHERS CORPORATION vs. DANIEL F. ROCHE & another, trustees.

Appeals Court of Massachusetts, Suffolk.

November 4, 1981.


Attorney(s) appearing for the Case

John Silas Hopkins, III (Eleanor D. Acheson & Paul P. Nicolai with him) for the plaintiff.

James C. Gahan, Jr. (John T. Underhill with him) for the defendants.

Present: BROWN, CUTTER, & DREBEN, JJ.


DREBEN, J.

This is an appeal from a partial summary judgment entered under Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), which held that the plaintiff's sublease had terminated and ordered the plaintiff to vacate the leased premises. The sublease was subject to another lease known as the Westby lease and was to terminate in the event of the termination of the Westby lease. The judge ruled as matter of law that the Westby lease having been terminated by a purchase of...

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