financing condition clause (Massachusetts) · Go Syfert
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financing condition clause in Massachusetts

6 Massachusetts opinions name it 3 courts 1985–2003 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Lynch v. Andrewgreen
massappct · 1985 · cited in 3 Massachusetts opinions naming this issue, 1999–2003
2 sentences

2003As the court observed in Lynch v. Andrew, 20 Mass. App. Ct. 623, 626 (1985): “Unless otherwise qualified by express language, a financing condition clause presupposes that the buyers will accept commercially reasonable loan terms.

1999It is established that “[u]nless otherwise qualified by express language, a financing condition clause presupposes that the buyers will accept commercially reasonable loan terms.” Lynch v. Andrew, 20 Mass. App. Ct. 623, 626 (1985).

33
Stabile v. McCarthygreen
mass · 1957 · cited in 2 Massachusetts opinions naming this issue, 1985–2003
2 sentences

2003Cf. Stabile v. McCarthy, 336 Mass. 399, 404 (1957) and Sechrest v. Safiol, 383 Mass. 568, 571 (1981), which require, to trigger a contingency in an agreement, conduct reasonably calculated to fulfill the condition by action or expenditure proportionate to the circumstances.” Whether the buyer in a given case has acted diligently is ordinarily a question of fact for the trial court.

1985Cf. Stabile v. McCarthy, 336 Mass. 399, 404 (1957), and Sechrest v. Safiol, 383 Mass. 568, 571 (1981), which require, to trigger a contingency in an agreement, conduct reasonably calculated to fulfill the condition by action or expenditure proportionate to the circumstances.

22
Westinghouse Broadcasting Co. v. New England Patriots Football Club, Inc.green
massappct · 1980 · cited in 1 Massachusetts opinions naming this issue, 1995–1995
1 sentence

1995Co. v. New England Patriots Football Club, Inc., 10 Mass. App. Ct. 70, 73 (1980), it is not too much to ask that a party adhere closely to the notice of cancellation provision of a financing condition clause.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Sechrest v. Safiol green
mass · 1981
2 sentences

2003Cf. Stabile v. McCarthy, 336 Mass. 399, 404 (1957) and Sechrest v. Safiol, 383 Mass. 568, 571 (1981), which require, to trigger a contingency in an agreement, conduct reasonably calculated to fulfill the condition by action or expenditure proportionate to the circumstances.” Whether the buyer in a given case has acted diligently is ordinarily a question of fact for the trial court.

1985Cf. Stabile v. McCarthy, 336 Mass. 399, 404 (1957), and Sechrest v. Safiol, 383 Mass. 568, 571 (1981), which require, to trigger a contingency in an agreement, conduct reasonably calculated to fulfill the condition by action or expenditure proportionate to the circumstances.

21985–2003
Churgin v. Hobbie green
massappct · 1995
1 sentence

2000For the same reasons that optionees are required to turn their corners squarely in exercising option rights, it is not too much to ask that a party adhere closely to the notice of cancellation provision of a financing condition clause.” Id., 39 Mass.App.Ct. at 307 .

12000–2000
Tremouliaris v. Pina green
massappct · 1987
1 sentence

2000For the same reasons that optionees are required to turn their corners squarely in exercising option rights, it is not too much to ask that a party adhere closely to the notice of cancellation provision of a financing condition clause.” Id., 39 Mass.App.Ct. at 307 .

12000–2000

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