PATRIOT POWER, LLC v. NEW ROUNDER, LLC

No. 16-P-420.

91 Mass. App. Ct. 175 (2017)

PATRIOT POWER, LLC v. NEW ROUNDER, LLC, & another.

Appeals Court of Massachusetts, Middlesex.

March 13, 2017.


Attorney(s) appearing for the Case

Mark C. O'Connor ( Douglas S. Denny-Brown also present) for the plaintiff.

Robert F. Feeney for the defendants.

Present: KAFKER, C.J., GRAINGER, & SULLIVAN, JJ.


The issue presented in this declaratory judgment and breach of contract action is which party bears the burden of proof at trial regarding the exercise of a termination option in a lease. The plaintiff, Patriot Power, LLC, doing business as MandaShan Enterprises, was the landlord in a commercial lease; the defendant New Rounder, LLC...

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