Legal Opinion
M.J.G. Properties, Inc. v. Hurley
Massachusetts Appeals Court
Decided April 27, 1989No. 88-P-1091PublishedCited by 14 opinions
1Opinion of the CourtDreben, J.
The question before us in this plaintiff-lessor’s appeal in a summary process action is whether the judge was warranted in finding a waiver by the lessor despite an antiwaiver clause in the lease. We hold that the clause did not, as matter of law, preclude a finding of waiver and, on the record before us, 2 the judge’s finding of waiver is not clearly erroneous. Mass.R.Civ.P. 52(a), 365 Mass. 816 (1974). Accordingly, we affirm the judgment.
The relevant lease provisions are set forth in the margin. 3 Although the judge found that the lessee violated the liquor laws on March 23, 1985, July 11,…
2Cases cited17 opinions
- Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
- Riverside Development Co. v. RitchieIdaho Supreme Court · 1982
- S.H.V.C., Inc. v. RoySupreme Court of Connecticut · 1982
- Summa Corp. v. RichardsonNevada Supreme Court · 1977
- Dillingham Commercial Co., Inc. v. SpearsAlaska Supreme Court · 1982
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3Cited by14 opinions
- Prozinski v. Northeast Real Estate Services, LLCMassachusetts Appeals Court · 2003
- ASC Utah, Inc. v. Wolf Mountain Resorts, L.C.Utah Supreme Court · 2010
- Zwick v. Lodewijk Corp.Court of Appeals of Texas · 1993
- Living Scriptures, Inc. v. KudlikCourt of Appeals of Utah · 1995
- IDS Prop. Casualty Ins. Co. v. Government Employees Ins. Co.Court of Appeals for the First Circuit · 2021
9 more not listed; retrieve them via the Exa API.