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WINCHESTER GABLES, INC. v. HOST MARRIOTT CORPORATION

No. 06-P-1209.

70 Mass. App. Ct. 585 (2007)

WINCHESTER GABLES, INC. v. HOST MARRIOTT CORPORATION & others.

Appeals Court of Massachusetts, Suffolk.

October 30, 2007.

Attorney(s) appearing for the Case

John P. Dennis for the plaintiff.

Randall K. Miller (Juan Alexander Concepcion with him) for the defendants.

Present: GELINAS, VUONO, & SIKORA, JJ.

GELINAS, J.

In this case the terms of the purchase and sale agreement (agreement) between the parties failed to address a contingency that ultimately arose when the buyer later resold the property that was the subject of the agreement; the resale might have triggered additional compensation to the original seller, but the formula contained in the agreement for calculating the additional compensation did not contemplate...

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