Legal Opinion

Saab v. Norton Family, Inc.

Massachusetts District Court, Appellate Division

Decided June 29, 2000PublishedCited by 3 opinions

1Opinion of the CourtGreco, J.

This is a summary process action in which a judgment for possession of commercial premises was entered for the plaintiff-landlord, Louis M. Saab (“Saab”). Pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C, Saab now appeals the trial court’s failure to award him damages for past rent and utility charges allegedly due. He contends that the trial judge erred in (1) applying the doctrine of frustration of purpose so as to relieve the tenant of its obligations for unpaid rent and utilities, and (2) failing to act on his requests for rulings of law.

Much of the evidence at trial was undisputed. In…

2Cases cited20 opinions

  1. Liberatore v. Town of FraminghamMassachusetts Supreme Judicial Court · 1944
  2. Stella v. CurtisMassachusetts Supreme Judicial Court · 1965
  3. Chase Precast v. JOHN J. PAONESSA CO., COMMONWEALTHMassachusetts Supreme Judicial Court · 1991
  4. Lynn v. NashawatyMassachusetts Appeals Court · 1981
  5. Mishara Construction Co. v. Transit-Mixed Concrete Corp.Massachusetts Supreme Judicial Court · 1974

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3Cited by3 opinions

  1. Boehm v. Premier InsuranceMassachusetts District Court, Appellate Division · 2006
  2. Zimbovsky v. TokarMassachusetts District Court, Appellate Division · 2005
  3. Rockland Trust Co. v. LangoneMassachusetts District Court, Appellate Division · 2007

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