Contracts Keyed to Burton
Chomicky v. Buttolph
Defendant, Buttolph, was the owner of lakeside property, and Defendant wanted to sell part of the property. Defendant and Chomicky, Plaintiff, began negotiations for Plaintiff to purchase the property. Once the parties came to an agreement, the parties signed a purchase and sale contract. Further, the contract was conditioned on Defendant’s obtaining a subdivision permit from the Leicester Planning Commission, LPC. Thereafter, Plaintiff suggested an alternative arrangement to complete the sale in the event that LPC denied the permit application. The suggestion was that Defendant would sell the entire property to Plaintiff, and, at the same time, Defendant would obtain an easement to access the lake. Defendant agreed orally to this suggestion. Thereafter, LPC denied Plaintiff’s permit application, and Defendant called Plaintiff to tell Plaintiff that the arrangement was terminated. Plaintiff brought suit seeking specific performance. The trial court granted specific performance, and Defendant appealed.
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