Catalano v. Hassett

The plaintiffs, who leased premises owned by the defendants and operated a business known as Ice Cream Smuggler, appeal from a judgment dismissing their complaint pursuant to Mass.R.Civ.P. 12(b)(6), 365 Mass. 754 (1974).4 The plaintiffs allege that the defendants breached the lease by (1) refusing to honor the plaintiff's election to purchase the property, and (2) leasing the premises to a competitor. For the following reasons we affirm the judgment.

We review de novo the allowance of a motion to dismiss under rule 12(b)(6). See Curtis v. Herb Chambers I-95, Inc., 458 Mass. 674, 676 (2011).…