Mortgage Brokers Associates, Inc. v. Dinsmore
This text of 324 N.E.2d 904 (Mortgage Brokers Associates, Inc. v. Dinsmore) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It appears that the writing which the plaintiff seeks to enforce is not an option but rather an unperformed and unenforceable agreement to enter into an option agreement. See Blair v. Cifrino, 355 Mass. 706, 709-710 (1969); Lucey v. Hero Intl. Corp. 361 Mass. 569, 573-575 (1972). But even if we were to assume that it was an option and that consideration was given for it, the plaintiff failed to exercise its rights (if any) “within the period of this agreement,” as required by the writing.
Decree affirmed.
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Cite This Page — Counsel Stack
324 N.E.2d 904, 3 Mass. App. Ct. 725, 1975 Mass. App. LEXIS 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mortgage-brokers-associates-inc-v-dinsmore-massappct-1975.