Other than price, why might the Nickerson children have wanted to quickly sell the land on which

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Other than price, why might the Nickerson children have wanted to quickly sell the land on which Clark operated his firm? Discuss.

In 1993, Steven Clark bought T. W. Nickerson, Inc., from Theodore Nickerson and entered into a lease for the land on which the company was operated. The lease gave the lessee “the right of first refusal to purchase the entire leasehold premises at a price equal to any bona fide offer” and required notice of any offer in writing. The lessor was Fleet National Bank, which held the land in trust for Theodore and later for his spouse, Lillian, and their children. In April 2002, the parties were negotiating a possible sale of the land to Clark for as much as $300,000, when Lillian died. Fleet ended the trust and distributed its assets to the Nickerson children, who, without notifying Clark, made a deal to sell the land to Anthony Bridgewater for $400,000. Bridgewater told Clark about the deal. Clark’s company filed a suit in a Massachusetts state court against Fleet and the others for violating the lease’s “implied covenant of good faith and fair dealing.” The court dismissed the claims. The plaintiff appealed.

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Business Law Today The Essentials

ISBN: 978-0324786156

9th Edition

Authors: Roger LeRoy Miller, Gaylord A. Jentz

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