Southern Massachusetts Broadcasters, Inc. v. Duchaine

The Duchaines own real estate on Pope’s Island in New Bedford which they leased to Southern Massachusetts Broadcasters, Inc. (Southern), for the period September 1, 1975, to August 31, 1980. Numerous claims were made in cross actions between the parties, but this appeal concerns only Southern’s claim that the Duchaines converted and used a radio *498tower belonging to Southern and that Southern is entitled to damages or to an accounting. The tower, used for some time by Southern to transmit radio broadcasts, is a 390 foot steel-frame structure standing on three legs attached by iron bolts to…