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GUARANTY BANK & TRUST CO. v. MID-STATE INS. AGENCY

383 Mass. 319 (1981)

418 N.E.2d 1249

GUARANTY BANK & TRUST COMPANY vs. MID-STATE INSURANCE AGENCY, INC.

Supreme Judicial Court of Massachusetts, Worcester.

April 3, 1981.

Attorney(s) appearing for the Case

John O. Mirick for the plaintiff.

David A. Wojcik for the defendant.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

HENNESSEY, C.J.

Guaranty Bank & Trust Company (bank) seeks to recover rent due under a sublease from its tenant, Mid-State Insurance Agency, Inc. (Mid-State). Mid-State refused to pay rent after it vacated the leased premises, claiming that the bank had accepted Mid-State's surrender of the property. A Superior Court judge concluded that the bank had in fact accepted the surrender. The case was transferred to this court...

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