· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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