Alfano v. Donnelly

189 N.E. 610 (1934)

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Alfano v. Donnelly

Massachusetts Supreme Judicial Court
189 N.E. 610 (1934)

SC

Facts

Frank Alfano (plaintiff) leased the roof of his building to Mary Donnelly (defendant) for a period of five years so that Donnelly could use the roof for advertising purposes. The contract required Donnelly to pay Alfano $75 twice a year. The contract stated that it should be construed as a lease, and not a license. After signing the contract, Donnelly did not actually use the roof and did not pay any money to Alfano. Approximately 15 months into the lease term, Alfano sued to recover the money owed to him to that point in the lease term. The trial court found in favor of the Alfano. The appellate court affirmed. Donnelly appealed.

Rule of Law

Issue

Holding and Reasoning (Lummus, J.)

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