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
Original Source: https://www.courtlistener.com/opinion/6578571/wesson-v-leone-enterprises-inc/ ↗

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See Sims v. Mason, 361 Mass. 881, 881 (1972) (lessors’ failure to make promised improvements, to provide proper cleaning services, and to furnish suitable heat and air conditioning “not. . . sufficient to amount to a constructive eviction” of leased office space); Capp v. Chamberlain Real Estate, Inc., *715355 Mass. 58, 60-61 (1968) (no constructive eviction from apartment leased for commercial use as studio where wiring adequate for normal use but inadequate to run air conditioners installed by lessee); Gateway Co. v. Charlotte Theatres, Inc., 297 F.2d 483, 484 & n.2 (1st Cir. 1961) (applying Massachusetts law and expressing “considerable doubt” as to whether “delay in failure to install the air conditioning could ever be regarded as a constructive eviction” that requires breach “of a fundamental nature, not just something that costs some money”). See and compare cases cited in notes 15 and 16, supra.

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