Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490 (2007)

Citation: Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490 (2007)
Parent Document: Cummings Properties, LLC v. National Communications Corp., 449 Mass. 490 (2007)
Jurisdiction: Massachusetts (state)
Effective Date: 2007-07-17
Original Source: https://www.courtlistener.com/opinion/6579581/cummings-properties-llc-v-natio... ↗

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In declaring the rent acceleration clause unenforceable, the Appellate Division relied on this court’s holding in Commissioner of Ins., supra at 771, that, “where a lease contains many covenants of varying importance, and where a breach of some of them would result in a loss which could be accurately determined and would be inconsiderable in comparison with the amount required by the lease to be paid although the damage resulting from a breach of some of the other covenants would be substantial and difficult exactly to ascertain, the sum designated to be paid upon a breach of any of these covenants is a penalty and not liquidated damages.” It noted, however, that Commissioner of Ins. was decided in 1942, and that numerous authorities had reached a different outcome in the intervening years.

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