SAAB v. NORTON FAMILY, INC.


2000 Mass. App. Div. 200 (2000)

Louis M. Saab v. Norton Family, Inc.

Massachusetts Appellate Division, Northern District.

June 29, 2000.


Attorney(s) appearing for the Case

Edmund P. Hurley for the plaintiff.

Roland L. Millard for the defendant.

Present: Merrick, P.J., Coven & Greco, JJ.


Greco, J.

This is a summary process action in which a judgment for possession of commercial premises was entered for the plaintiff-landlord, Louis M. Saab ("Saab"). Pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C, Saab now appeals the trial court's failure to award him damages for past rent and utility charges allegedly due. He contends that the trial judge erred in (1) applying the doctrine of frustration of purpose so as to relieve the tenant of its obligations...

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