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Contracts Keyed to Frier
W.W.W. Associates, Inc. v. Giancontieri
Citation:
566 N.E.2d 639 (1990)Facts
Defendants contracted to sell a parcel of land to Plaintiff. The contract contained a reciprocal cancellation provision stating that either party may cancel the contract if the lawsuit against Defendants did not conclude by a certain date. In addition, the contract contained a merger clause stating that the contract was the parties’ full agreement and that all prior agreements between them were merged into the contract. Defendants’ litigation was still ongoing when the relevant date passed, and Defendants subsequently cancelled the contract. Plaintiff sued Defendant for specific performance, claiming that the cancellation provision was meant to apply to Plaintiff only and offering to introduce extrinsic evidence of the origin of the clause.
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