Albano v. Jordan Marsh Co.

This is a petition for declaratory judgment (G. L. c. 231 A) which seeks a determination of the rights of the parties under a lease executed in 1964. The plaintiff has appealed from a final decree which adjudged, among other things, that the lease in question had been effectively terminated.

The evidence is reported and there is a report of material facts. The evidence is both oral and documentary. Our duty is to examine the entire evidence and to decide the case according to our own judgment. Findings of fact based wholly or partly upon oral testimony, however, will not be set aside unless…