Alfano v. Donnelly
Massachusetts Supreme Judicial Court
189 N.E. 610 (1934)
Relevant factsFree
Alfano (plaintiff) leased his building's roof to Donnelly (defendant) for advertising purposes for five years at $75 twice a year, with the contract expressly stating it should be construed as a lease rather than a license; Donnelly never used the roof and never paid any rent, and about fifteen months into the term, Alfano sued for the unpaid rent.
IssueFree
Whether a lease is enforceable against the tenant even if the tenant does not take possession of the leased property.