United States First Circuit

In plaintiffs' suit to enforce an option to purchase a leased premise agreement, district court's grant of summary judgment in favor of the plaintiffs and a judgment ordering specific performance of the purchase option are affirmed where: 1) because the uncontradicted evidence shows that the predecessor-in-interest agreed to waive forever the provision requiring the plaintiffs to obtain written permission prior to subleasing the premises, the plaintiffs' failure to obtain permission was not a breach of the lease agreement and did not prevent the valid exercise of the option to purchase; and 2) there is no evidence suggesting that the plaintiffs' alleged violations of municipal ordinances prejudiced defendant or her predecessor, significantly affected her rights under the contract or otherwise went "to the heart of the parties' agreement."

Appellate Information

• Decided 12/26/2012
• Published 12/26/2012

Judges

• Ripple

Court

• United States First Circuit

Counsel