HANCOCK BANK & TRUST CO. V. SHELL OIL CO. 365 Mass. 629, 309 N.E.2d 482 CASE BRIEF

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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