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Contracts Keyed to George
Brunswick Hills Racquet Club, Inc. v. Route 18 Shopping Center Associates
Facts
Brunswick Hills Racquet Club, Inc. (Brunswick Hills) (plaintiff) operated a tennis club on property leased from Route 18 Shopping Center Associates (Route 18) (defendant). The rent understanding contained an alternative permitting Brunswick Hills to either buy the property or to go into a 99-year lease agreement. If it practiced the alternative, Brunswick Hills was required to pay $150,000 and to tell Route 18 six months before the close of the first rent term. Brunswick Hills more than once over a two-year time span gave composed and verbal notice to Route 18 of its aim to go into the 99-year rent, yet never offered the $150,000. Long after the alternative had lapsed, Route 18's lawyer rejected Brunswick Hill's offer. Brunswick Hills recorded suit against Route 18 seeking damages and to compel specific performance of the option. After a bench trial, the court held for Route 18, taking note of that the agreement unmistakably required Brunswick Hills to practice the choice and to pay the $150,000 in a timely manner. Brunswick Hills appealed. The appellate court affirmed, taking note of that Brunswick Hills neglected to act in "strict accordance" with the agreement terms administering the alternative. The Supreme Court of New Jersey granted certiorari to review.
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