Cohen v. Bay State Cape, Inc.

These three appeals in suits that were heard together are another chapter in protracted litigation which is very familiar to this court. See Bay State Cafe, Inc. v. Cohen, 334 Mass. 705, and Bay State Cafe, Inc. v. Cohen, 336 Mass. 758.

The background of these cases, briefly stated, is this. Bay State Cafe, Inc. (Bay State), occupied premises at 642-644 Washington Street, Boston, under a written lease which had been assigned to it in March, 1953. Early in 1954 Louis R. Cohen purchased the building subject to the lease; he also received an assignment of the lessor’s interest in the lease.…