Essex Co. v. Atlantic Enterprises, Inc.

The defendant has appealed from a judgment for the plaintiff for the *845dollar equivalent of three years of the perpetual annual rent reserved by the plaintiff with respect to the mill powers which are annexed to a portion of the defendant’s land. See Essex Co. v. Goldman, 357 Mass. 427, 428-432 (1970). Only two points need be considered. 1. The proposals involved in the present case are virtually identical to those considered in Whiting Paper Co. v. Holyoke Water Power Co., 276 Mass. 542 (1931), and the argument advanced by the defendant in support of its sixth defence and its first…