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Doliner v. Brown

Appeals Court of Massachusetts
489 N.E.2d 1036 (1986)


Julius Doliner (plaintiff) wished to buy an apartment building to convert into condominiums. While searching for financing, Doliner met with Raymond Green and Richard Bendetson to discuss a second mortgage. Green and Bendetson then went to see Harold Brown (defendant), who was also involved in condominium conversions. Green and Bendetson told Brown about the details of Doliner’s plans, and Brown said that he would consider a 50 percent position in the second mortgage. Brown then began investigating the plan and decided to purchase the building himself. The owners sold the building to Brown for the same price tendered to Doliner. Doliner sued Brown for intentionally interfering with contractual relations. In trial court, the judge found that if not for Brown’s interference, Doliner would have been able to acquire financing and purchase the building. However, the judge also found that Brown, as a competitor in the same market as Doliner, was not restricted from pursuing the deal so long as Brown did not use unlawful means. The trial court found for Brown and determined that Brown did not commit the tort of intentional interference with Doliner’s contractual relations. Doliner appealed the trial court’s decision.

Rule of Law


Holding and Reasoning (Kaplan, J.)

Concurrence/Dissent (Brown, J.)

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