Garden of Eden, Inc. v. Eastern Savings Bank

Hall, Justice.

This lawsuit was brought by Garden of Eden, Inc. against Eastern Savings Bank and others to enforce an alleged three-year lease of space in an apartment complex in which Garden operates a nursery school. On motions for summary judgment the trial court found that no lease existed, but that Eastern, the property owner, was not entitled to summary judgment on Garden’s count two which alleged misrepresentation. Both parties appeal.

Garden had previously occupied these premises, but its lease was terminated by letter when Eastern Bank acquired the complex by foreclosure. There is no…