McKINLEY INVESTMENTS, INC. v. MIDDLEBOROUGH LAND, LLC.

No. 03-P-625.

62 Mass. App. Ct. 616 (2004)

McKINLEY INVESTMENTS, INC. v. MIDDLEBOROUGH LAND, LLC.

Appeals Court of Massachusetts.

December 3, 2004.


Attorney(s) appearing for the Case

Lawrence P. Murray for the plaintiff.

Richard A. Oetheimer (Kathryn Lundwall Alessi with him) for the defendant.

Present: BECK, DUFFLY, & MILLS, JJ.


Suffolk.

MILLS, J.

McKinley Investments, Inc. (McKinley), sought specific performance and damages on the basis of a purchase and sale contract for land, as orally modified. A Superior Court judge allowed defendant Middleborough Land, LLC's (Middleborough), motion for summary judgment based upon the Statute of Frauds, after she concluded that the oral amendments that McKinley sought to enforce went "beyond a simple extension of the time for performance" and...

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