Pear v. Davenport

This is an appeal from two consolidated cases4: a summary process action for possession brought by the lessor trustees after the Pears (lessees) remained on the premises *240beyond the term of the lease; the other an action by the Pears seeking specific performance by reason of their claimed exercise of an option to purchase the premises.5 The appeal presents the question whether the lessors, who by their conduct admittedly waived late payments of rent, thereby also waived a condition for the exercise of the lessees’ option to purchase the demised premises. The option was exercisable “[provided…