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DIAMOND CRYSTAL BRANDS, INC. v. BACKLEAF, LLC.

No. 02-P-518.

60 Mass. App. Ct. 502 (2004)

DIAMOND CRYSTAL BRANDS, INC. v. BACKLEAF, LLC.

Appeals Court of Massachusetts.

February 24, 2004.

Attorney(s) appearing for the Case

Stephen A. Greenbaum for the defendant.

Garrett G. Gillespie for the plaintiff.

Present: Gelinas, Cohen, & Mills, JJ.

Middlesex.

MILLS, J.

This is a commercial lease case involving construction of a provision respecting the lessee's obligation to pay additional rent for electricity. We conclude that a landlord's unreasonable position in construction of the lease provision subjects him to damages under G. L. c. 93A.

Background. The plaintiff, Diamond Crystal Brands, Inc. (Diamond), sold its commercial real estate in Wilmington, improved by a building which it...

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