SFP, INC. v. HUNNEMAN & COMPANY


1992 Mass. App. Div. 141 (1992)

SFP, Inc., and another vs. Hunneman & Company

Massachusetts Appellate Division, Northern District.

July 20, 1992.


Attorney(s) appearing for the Case

George A. Rand for the plaintiffs.

Stephen A. Greenbaum for the defendant.

Present: Sherman, P.J., Forte & Furnari, JJ.


Sherman, P.J.

This is an action in contract to recover rent allegedly due upon the defendant-tenant's breach of a commercial lease.

Partial summary judgment upon the plaintiff's Dist./Mun. Cts. R. Civ. P., Rule 56 motion was granted based on the defendant's admission that it was in breach of the parties' commercial lease. The defendant denied, however, that the plaintiff was entitled to recovery any damages on the grounds that the plaintiff either "accepted...

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