Hancock Bank & Trust Co. v. Shell Oil Co.

365 Mass. 629, 309 N.E.2d 482 (Mass. 1974)

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Nature of the Case

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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.