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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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See Charles E. Burt, Inc. v. Seven Grand Corp., 340 Mass. 124, 126-128 (1959) (landlord’s failure to provide essential services, including electric power, heat, and elevator services, for six-month period found to be constructive eviction of commercial tenant); Shindler v. Milden, 282 Mass. 32, 33-34 (1933) (constructive eviction where landlord failed to provide promised heating system and leased premises rendered unfit for intended use as restaurant); Rome v. Johnson, 274 Mass. 444, 448 (1931) (manufacturer constructively evicted by landlord’s failure to provide sufficient heat over four-month period resulting in such extreme cold that “oil used in the machines slowed up their operation” and “at times ... the [employees] had to stand around and could not do their work”); Boston Veterinary Hosp. v. Kiley, 219 Mass. 533, 537 (1914) (shutting off tenant’s water rendered leased stables “unsuitable for the purposes for which they were hired”); Brown v. Holyoke Water Power Co., 152 Mass. 463, 464 (1890) (landlord constructively evicted tenant manufacturer by permanently disconnecting all power to machinery).