Scirpo v. McMillan

The issue on the plaintiffs’ appeal from a final decree in a suit for a declaratory decree is the construction of the provision in a lease made on June 17, 1962, of premises in Cambridge under which Paolo Scirpo (hereinafter the plaintiff) was lessee and the defendant was lessor reading: “For a period of five years starting Sept 15 1962 with an option of further extension” (emphasis supplied).

The evidence is before us. The judge made a report of material facts. The lease had been drawn by the defendant. The judge, after stating the plaintiff’s contention that he was entitled to a second five…