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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Apple D'Or Tree, Inc. v. Webster-Dudley Sand & Gravel, Inc., 24 Mass. L. Rptr. 49 (2008)

Citation
Apple D'Or Tree, Inc. v. Webster-Dudley Sand & Gravel, Inc., 24 Mass. L. Rptr. 49 (2008)
Parent Document
Apple D'Or Tree, Inc. v. Webster-Dudley Sand & Gravel, Inc., 24 Mass. L. Rptr. 49 (2008)
Jurisdiction
Massachusetts (state)
Effective Date
2008-05-16

Other Sections in This Document (25)

Full Text

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Webster-Dudley argues that it is entitled to summary judgment on its summary process complaint because Apple D’Or inexcusably failed to pay rent due under the lease agreement and it committed waste on the property. According to Webster-Dudley, the doctrine of dependent covenants does not operate to allow Apple D’Or to withhold rent due under a commercial lease. In response, Apple D’Or contends that it did not *50commit waste on the property and further, it was excused from paying rent in 2007 due to Webster - Dudley’s wrongful conduct in refusing to honor the option to purchase. I. Standard of Review