GEORGE H. DEAN CO. v. PAPPAS


13 Mass. App. Ct. 55 (1982)

430 N.E.2d 836

GEORGE H. DEAN CO. vs. JOHN C. PAPPAS & others.

Appeals Court of Massachusetts, Suffolk.

January 14, 1982.


Attorney(s) appearing for the Case

James C. Heigham (John N. Garner with him) for the plaintiff.

Robert F. Sylvia (Meredith Peterson Tufts with him) for the defendants.

Present: BROWN, KASS, & SMITH, JJ.


KASS, J.

We are asked to construe the tax escalator provision in a lease.2

When they entered into their lease on December 21, 1965, the parties contemplated the construction of a two-story commercial building on a site containing 151,604 square feet of land. The plaintiff, George H. Dean Co. (Dean), was to occupy the entire first floor. An unrelated party occupied the second floor, when it was later completed. Article III of the...

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