The owners' 1943 Agreement provided that the proceeds from the sale of the subject real property "at some future date" were to be distributed in proportion to the owners' respective investments in the property, namely a 77.78% investment by Michael Kelly and a 22.22% investment by John McGuiness. We conclude, as did the trial court, that the Agreement remains in force and is unaffected by the parties' conduct in having evenly divided the income from the property since its...
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