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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McKenna v. Begin, 362 N.E.2d 548 (1977)

Citation
McKenna v. Begin, 362 N.E.2d 548 (1977)
Parent Document
McKenna v. Begin, 362 N.E.2d 548 (1977)
Jurisdiction
Massachusetts (state)
Effective Date
1977-05-11

Other Sections in This Document (55)

Full Text

553 chars
The judge recognized that according to the Hemingway case the measure of damages was to be the difference between the value of McKenna's apartment as warranted and the rental value of that apartment in its defective condition. However, in his application of that formula the judge calculated the damages by subtracting the rent agreed upon, which he took to be the rental value of the premises in their defective condition, from the rent paid *306 for other apartments in the building, which the judge found to be the value of the premises as warranted.