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STONE v. W.E. AUBUCHON CO.

No. 89-P-351.

29 Mass. App. Ct. 523 (1990)

562 N.E.2d 852

MICHAEL STONE, individually & as trustee, vs. W.E. AUBUCHON CO., INC.

Appeals Court of Massachusetts, Worcester.

November 20, 1990.

Attorney(s) appearing for the Case

Alfred B. Cenedella, III, for the defendant.

Paul Alan Rufo (Edward D. Kutchin with him) for the plaintiff.

Present: ARMSTRONG, CUTTER, & DREBEN, JJ.

ARMSTRONG, J.

In 1971 the defendant, Aubuchon Co., Inc., proprietor of a hardware store, leased premises in Milford from Riseberg Realty Corporation for a period of five years and three months. The lease provided for automatic extensions of five years, unless Aubuchon should give notice to the contrary, which potentially extended the lease term to December 31, 2001. Aubuchon was to pay a base monthly rent plus a percentage rent based on gross sales over certain amounts...

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