OAK'S OIL SERVICE v. MASS. BAY TRANSP. AUTH.


15 Mass. App. Ct. 593 (1983)

447 N.E.2d 27

OAK'S OIL SERVICE, INC. vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY & another.

Appeals Court of Massachusetts, Essex.

April 5, 1983.


Attorney(s) appearing for the Case

Esther R. Maletz for the defendants.

John S. Legasey for the plaintiff.

Present: HALE, C.J., GRANT, & ARMSTRONG, JJ.


ARMSTRONG, J.

On January 3, 1956, the Boston and Maine Railroad (B&M), for $12,000 conveyed to one Heath Morse real estate adjoining its right of way in North Beverly, consisting of the North Beverly depot and the surrounding parking lot. The conveyance was stated to be "upon the express condition ... that [Morse], his heirs and assigns, for a period of one hundred years from the date hereof, shall provide to the grantor, its successors and assigns, for the accommodation...

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