United States Trust Co. v. Commonwealth

In this petition against the Commonwealth pursuant to G. L. (Ter. Ed.) c. 258, § 1, a landlord seeks to enforce a claim under a written lease for failure to honor a covenant to restore the premises prior to the end of the term. A demurrer to the petition for failure to state a cause of action was sustained. The case is here both on the petitioner’s bill of exceptions and on its appeal. We consider the appeal and dismiss the exceptions. Caissie v. Cambridge, 317 Mass. 346, 347.

We summarize the allegations of the petition. On June 8, 1956, the petitioner entered into a lease with the…