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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)

Citation
Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)
Parent Document
Wesson v. Leone Enterprises, Inc., 437 Mass. 708 (2002)
Jurisdiction
Massachusetts (state)
Effective Date
2002-09-09

Other Sections in This Document (52)

Full Text

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The landlord’s contention that the terms of the lease make the tenant responsible for maintaining the roof is an argument made first on appeal and is therefore waived. In any event, the judge’s implicit finding that it was the landlord’s obligation under the lease to keep the roof in good repair is fully supported by the evidence, including the landlord’s testimony at trial that “it was [his] obligation under this lease to maintain the roof ... in perfect working order.”