HANCOCK BANK & TRUST CO. V. SHELL OIL CO.
365 Mass. 629, 309 N.E.2d 482 (Mass. 1974)
NATURE OF THE CASE: This was a dispute over a lease contract. Hancock (P), filed a claim
against Shell (D) and P appealed a grant of summary judgment for D.
FACTS: Shell (D) signed a lease that allowed D to terminate with 90 days notice and gave
D a primary 15 year lease with an option to renew for another 15 years. The lease provided
for a fixed monthly rental, obligated D to make minor repairs, and to reimburse P for any
amount by which the general taxes on the premises allocable to any full year of the term
exceeded $525. The Bank (P) acquired the lease at a public auction following foreclosure
against the lessor. P sued D to void the lease under its lacking mutuality. The trial court
issued a summary judgment to D. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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