Rared Manchester NH, LLC v. Rite Aid of N.H., Inc., No. 11-2332 (1st Cir. 2012)Annotate this Case
Developer and Tenant had done business for many years and had established a template for future transactions. A dispute arose when Tenant forwarded to Developer a commercial lease containing a material term that deviated from the parties' previous leases without specifically drawing Developer's attention to the change. Developer signed the lease without reading the proffered lease line by line. Years later, when Developer discovered the new term, it filed suit against Tenant. The district court, without passing on the merits of the dispute, entered summary judgment against Developer on the ground that the action was time-barred. The First Circuit Court of Appeals affirmed, holding that the district court appropriately determined that Developer's action was brought too late.