Investors Automotive Holding Co. v. Donovan

The plaintiff, the assignee (in 1970) of a 1967 lease from the defendants of certain premises in *333Saugus, has appealed from a final declaratory decree of the Superior Court adverse to its contention that it is entitled to use the premises for the storage and retail sale of gasoline. The case is here on the trial judge’s response to the plaintiff’s request under G. L. c. 214, § 23 (as amended through St. 1947, c. 365, § 2), for a report of material facts and on a report of all the evidence.

The premises in question are located at 425 Broadway in Saugus, and the only building located thereon is…