PETERSON v. TREMAIN

No. 91-P-282.

35 Mass. App. Ct. 422 (1993)

621 N.E.2d 385

SHIRLEY B. PETERSON vs. ALAN TREMAIN.

Appeals Court of Massachusetts, Barnstable.

October 21, 1993.


Attorney(s) appearing for the Case

Neal C. Tully (Mary E. O'Neal with him) for the defendant.

Roger A. Lane for the plaintiff.

Present: ARMSTRONG, JACOBS, & LAURENCE, JJ.


ARMSTRONG, J.

In 1980 the plaintiff and her husband, John R. Peterson, sold the Cape Codder Hotel in Falmouth to the defendant, Tremain, conveying it to his nominee, Resorts of Distinction, Inc. Part of the transaction was to be the Petersons' house and lot next door to the hotel, but they did not wish to leave immediately. The parties discussed a preemptive option whereby, when the Petersons wished to leave, Tremain would have a right of first refusal. Instead, on...

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