15 Massachusetts opinions name it 4 courts 1926–2026 1 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Kobayashi v. Orion Ventures, Inc.green2 sentences2008Kobayashi v. Orion Ventures, Inc., 42 Mass.App.Ct. 492, 496 (1997). 2006Compare N Assocs., Inc., 57 Mass.App.Ct. at 887 (disallowing extrinsic evidence) with Kobayashi v. Orion Ventures, Inc., 42 Mass.App.Ct. 492, 496 (1997) (allowing extrinsic evidence to cure ambiguity despite integration clause). | 2 | 2 |
Nelson Theatre Co. v. Nelsongreen2 sentences1985Nelson Theatre Co. v. Nelson, 216 Mass. 30, 34 (1913). 1984Compare Nelson Theatre Co. v. Nelson, 216 Mass. 30, 34 (1913); Saxeney v. Panis, 239 Mass. 207, 210 (1921); Maybury Shoe Co. v. Izenstatt, 320 Mass. 397, 402 (1946); Schwartz, Lease Drafting in Massachusetts § 9.8 n.l (1961). | 1 | 2 |
Cambridge Street Realty, LLC v. Stewartgreen1 sentence2026See id. at 131 . | 1 | 1 |
Andover Housing Authority v. Shkolnikgreen1 sentence2008Auth. v. Shkolnik, 443 Mass. 300, 313 (2005) (“Placing the burden on a tenant to acknowledge a disability and the role it may play in a purported lease violation would relieve a housing authority, which may be unable to access adequate information, of that difficult task”). | 1 | 1 |
Berman v. Linnanegreen1 sentence2007Wendt also argues that the trial judge’s award of attorney’s fees was unreasonable. ‘What constitutes a reasonable fee is a question that is committed to the sound discretion of the judge.” Berman v. Linnane, 434 Mass. 301, 302-303 (2001). | 1 | 1 |
Northern Associates, Inc. v. Kileygreen2 sentences2006Compare N Assocs., Inc., 57 Mass.App.Ct. at 887 (disallowing extrinsic evidence) with Kobayashi v. Orion Ventures, Inc., 42 Mass.App.Ct. 492, 496 (1997) (allowing extrinsic evidence to cure ambiguity despite integration clause). 2006See N. Assocs., Inc., 57 Mass.App.Ct. at 887 . | 1 | 1 |
Wesson v. Leone Enterprises, Inc.green1 sentence2005Section 241 provides: “In determining whether a failure to render or to offer performance is material, the following circumstances are significant: (a) the extent to which the injured party will be deprived of the benefit which he reasonably expected; (b) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived; (c) the extent to which the party failing to perform or to offer to perform will suffer forfeiture; (d) the likelihood that the party failing to perform or to offer to perform will cure his failure, taking account of | 1 | 1 |
Thorpe v. Housing Authority of Durhamgreen1 sentence2000See Thorpe v. Housing Authy. of Durham, 393 U.S. 268, 277-281 (1969) (local public housing authority that is federally subsidized must comply with Federal law regarding notice provisions when terminating public housing tenancies). | 1 | 1 |
Tage II Corp. v. Ducas (U.S.) Realty Corp.green1 sentence1985These checks showed that Berman was in possession of the premises. “[T]he receipt of rent after breach of a lease is a waiver of the breach if received with knowledge of the breach and without reservation. . . .” Tage II Corp. v. Ducas (U.S.) Realty Corp., 17 Mass. App. Ct. 664, 666 (1984). | 1 | 1 |
Saxeney v. Panisgreen1 sentence1984Compare Nelson Theatre Co. v. Nelson, 216 Mass. 30, 34 (1913); Saxeney v. Panis, 239 Mass. 207, 210 (1921); Maybury Shoe Co. v. Izenstatt, 320 Mass. 397, 402 (1946); Schwartz, Lease Drafting in Massachusetts § 9.8 n.l (1961). | 1 | 1 |
Maybury Shoe Co. v. Izenstattgreen1 sentence1984Compare Nelson Theatre Co. v. Nelson, 216 Mass. 30, 34 (1913); Saxeney v. Panis, 239 Mass. 207, 210 (1921); Maybury Shoe Co. v. Izenstatt, 320 Mass. 397, 402 (1946); Schwartz, Lease Drafting in Massachusetts § 9.8 n.l (1961). | 1 | 1 |
Scollard v. Brooksgreen1 sentence1980See Scollard v. Brooks, 170 Mass. 445, 448 (1898); Row v. Home Sav. | 1 | 1 |
Alholm v. Town of Warehamgreen1 sentence1980Apart from the technical argument, there was more than sufficient evidence under the governing standards (see Alholm v. Wareham, 371 Mass. 621, 627 [1976]) to warrant a conclusion by the jury that the defendants’ actions in changing the locks on the leased premises and in seizing the corporation’s equipment and inventory amounted to an improper termination of the lease in violation of its terms and a wrongful exercise of dominion and control over ATT’s property. | 1 | 1 |
Stein v. Strathmore Worsted Millsgreen1 sentence1926In Stein v. Strathmore Worsted Mills, 221 Mass. 86, 89, 90 , the court said: “The controversy in the case at bar centres on the point whether a reasonable depreciation on the building and machinery and such like physical property owned and employed by the defendant in the production of its manufactured goods should be included among the elements making up the amount to be deducted from the receipts. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Matter of Johnson v. Palumbo
green
2 sentences2019In addition, "VAWA does not limit the ability of a [landlord] to [evict a tenant] for a lease violation unrelated to domestic violence ... provided that the [landlord] does not subject an individual who has been the victim of such violence to a more demanding standard than other tenants." Matter of Johnson , 154 A.D.3d at 241 , 60 N.Y.S.3d 472 . 2019In addition, "VAWA does not limit the ability of a [landlord] to [evict a tenant] for a lease violation unrelated to domestic violence ... provided that the [landlord] does not subject an individual who has been the victim of such violence to a more demanding standard than other tenants." Matter of Johnson , 154 A.D.3d at 241 , 60 N.Y.S.3d 472 . | 1 | 2019–2019 |
Spence v. Gormley
green
1 sentence1987In other words, if the tenant can show that she could not have foreseen and prevented her son’s violence, there is no ‘cause’ to evict her.” Ibid. | 1 | 1987–1987 |
Lehr v. Breakstone
green
1 sentence1987Lehr v. Breakstone, 472 So.2d 1333 (Fla. App. 3d Dist. 1985). 4 The lease clause provides: “In the event the LESSOR shall sell the building in which the leased premises are located, the LESSEE shall have the right of first refusal. | 1 | 1987–1987 |
Lubianez v. Metropolitan Life Insurance
green
1 sentence1959Co. 323 Mass. 16, 18-19 , in the following words: “The rule is well settled that, where a plaintiff seeks to enforce a right created by a general clause of a contract which also contains an exception, he must allege and prove that he is not within the exception; but where the exception is in another separate or distinct clause of the contract, then the burden of proof is on the party relying on such exception.” In the Corbett case, supra, the principle was applied to a covenant in the lease in which the exception was in the sentence imposing the obligation, with the effect of *413 placing the | 1 | 1959–1959 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.