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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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By adopting this mutually dependant covenant rule, the Supreme Judicial Court determined that the purpose of the modem commercial lease was to secure the right to occupy improvements on the land, rather than the land itself. Id. This mle gives a commercial tenant a remedy for a landlord’s breach of a covenant that was a “significant inducement to the tenant’s entering the lease in the first instance,” but did not rise to the level of actual or constructive eviction. Id. at 721-22.