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 Medico-Dental Bldg. Co. of Los Angeles v. Horton & Converse, 21 Cal. 2d 411, 418-419 (1942) (applying law of contracts and intention of parties to decide whether commercial lease provisions were dependent or independent on case-by-case basis); GTM Invs. v. Depot, Inc., 694 P.2d 379, 381 (Colo. Ct. App. 1984) (relying on Shanahan v. Collins, 189 Colo. 169, 171 [1975], and applying principles of contract law to construe covenants of a commercial lease as independent); 56-70 58th St. Holding Corp. v. FeddersQuigan Corp., 5 N.Y.2d 557, 561-562 (1959) (whether covenants are dependent or independent to be determined by intention and meaning of parties as expressed in contract and application of common sense); Esmieu v. Hsieh, 20 Wash. App. 455, 460 (1978) (in commercial lease court looks to contract as a whole to discover intent of parties).

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