Dowd v. Capetown House, Inc.

Under G. L. c. 185, § 1 (k), Dowd sought in the Land Court against the corporate defendant (Capetown) and one Nickerson a decree cancelling a ninety-nine year recorded lease by her to Capetown of premises in Barnstable. The case was referred to a master. The facts are stated on the basis of his findings and conclusions.

Dowd was a half owner of Capetown’s stock. Nickerson owned the other half of the stock. In 1958, in return for his half interest, Nickerson agreed with Dowd to procure financing of $5,000 at once and $10,000 later to permit rehabilitation of a night club structure on the leased…