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· 3/21/1972

Howard D. Johnson Co. v. Madigan

Citations

  • 280 N.E.2d 689
  • 361 Mass. 454
  • 1972 Mass. LEXIS 909

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • granting equitable relief to prevent a forfeiture where tenant’s breach of lease did not prejudice landlord and where the tenant, in good faith, subsequently complied
  • refusing to allow termination where tenant failed to submit gross sales figures needed to establish rent in a timely and complete manner but cured the default and landlord suffered no harm
  • court of law or equity may relieve tenant from forfeiture as penalty for breach of lease covenant if default was not willful or deliberate
  • Equitable relief is proper where breach of lease covenant did not prejudice landlord and tenant demonstrated good faith in subsequent substantial com pliance.
  • failure to submit gross sales figures, and when such figures were finally produced, failure to have them signed by a responsible financial officer of lessee
  • \In our decisions we have followed the rule that equity does not favor a forfeiture\

Source: CourtListener parenthetical corpus (CC0).

Judges: Tauro, Cutter, Quirico, Hennessey

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.