Bachorz v. Miller-Forslund, No. 12-1187 (1st Cir. 2012)Annotate this Case
Several years ago, Plaintiffs entered into a fifteen-year lease with Defendant's predecessor in interest (Miller). The lease included a purchase option. After Defendant refused to allow Plaintiffs to exercise the purchase option on the ground that they were in default on their obligations under the lease, Plaintiffs instituted this action, demanding specific performance or damages. The district court granted summary judgment in favor of Plaintiffs and ordered specific performance of the purchase option, determining that Miller had waived a provision which prohibited Plaintiffs from subleasing without prior written permission and that all alleged defaults were inconsequential and immaterial. The First Circuit Court of Appeals affirmed, holding that summary judgment for Plaintiffs was proper, where (1) the district court correctly found that Miller waived the requirement that Plaintiffs obtain written permission before subleasing any portion of the premises; and (2) the district court properly found that Defendant had failed to present evidence of how alleged violations the lease provision requiring them to comply with state and municipal laws harmed her or Miller.