Germagian v. Berrini

803 N.E.2d 354 (2004)

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Germagian v. Berrini

Massachusetts Appeals Court
803 N.E.2d 354 (2004)

Facts

Jerry Germagian (plaintiff) sent James Berrini (defendant) an offer to purchase his commercial property in September 1997. The offer included a provision that said a purchase and sale agreement would be executed by October 21, 1997, and that the closing date would be December 31, 1997, or 30 days after an appeals period in which Germagian would handle zoning, financing, and permits. The offer also included a provision that time was of the essence. Berrini returned the signed offer back to Germagian two to three weeks after Berrini received it. Germagian never began the appeals process mentioned in the offer, because the process was expensive and Germagian wanted to wait until there was a signed purchase-and-sale agreement. Additionally, negotiations had extended beyond the October deadline. Berrini, who wanted to close the deal as soon as possible, did not accept Germagian’s request to extend the closing deadline. Berrini put the property back on the market in November 1997, got another offer shortly thereafter, and closed on the offer on December 29, 1997. Germagian filed suit for breach of contract and the trial court ruled for Berrini. Germagian appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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