WESSON v. LEONE ENTERPRISES, INC


437 Mass. 708 (2002)

JOHN T. WESSON, trustee, v. LEONE ENTERPRISES, INC., & another.

Supreme Judicial Court of Massachusetts, Essex.

September 9, 2002.


Attorney(s) appearing for the Case

Michael Roitman for the plaintiff.

Walter H. McLaughlin, Jr. (Eugene S. Summers with him) for the defendants.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


>CORDY, J.

In this case, we abandon the common-law rule of independent covenants in commercial leases in favor of the modern rule of mutually dependent covenants as reflected in the Restatement (Second) of Property (Landlord and Tenant) § 7.1 (1977). In applying the rule of mutually dependent covenants to the facts present in this case, we conclude that a landlord's failure to keep the roof of his building in good repair deprived the tenant of a substantial benefit...

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