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COMPUTUNE, INC. v. TOCIO

No. 95-P-1097.

44 Mass. App. Ct. 489 (1998)

COMPUTUNE, INC. v. EDWARD D. TOCIO & another.

Court of Appeals of Massachusetts, Middlesex.

March 30, 1998.

Attorney(s) appearing for the Case

David H. Gibbs for the plaintiff.

Richard A. Savrann for the defendants.

Present: KASS, SMITH, & LAURENCE, JJ.

SMITH, J.

The plaintiff, Computune, Inc. (Computune), brought a complaint in the Superior Court against the defendants, Edward D. Tocio and Dorothy P. Tocio (referred to collectively as "Tocio"), seeking specific performance of a lease, which included a provision for an option to purchase land, and money damages. Tocio, in turn, filed a counterclaim seeking a declaration that (1) the lease was not in effect when Computune attempted to exercise its option to purchase...

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