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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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In applying the dependent covenants rule to the lease, the judge relied on another Superior Court decision declining to apply the independent covenants rule to a commercial lease, because of questions about the vitality of the rule in Massachusetts, and on Holmes Realty Trust v. Granite City Storage Co., 25 Mass. App. Ct. 272, 277 (1988) (“There is great doubt whether [the *720independent covenant] formulation remains a correct statement of Massachusetts law”). See Reed v. United States Postal Serv., 660 F. Supp. 178, 182-183 (D. Mass. 1987) (applying Massachusetts law entitling tenant to withhold rent if landlord breached duty to repair).