Pines Plaza Ltd. Partnership v. Berkley Trace, LLC

McDonald, j.

This case concerns the interpretation of a contract for the sale of real property. Much turns on the actions of a party no longer present and the significance of what was left unsaid in the contract and related documents.

The controversy arose out of a contract to sell a shopping center — a contract that was amended on several occasions. Among other things, the buyer agreed to indemnify the seller for a real estate commission, which they both disclaimed in the contract itself, that might ultimately be owed to a particular real estate broker. Another provision provided for…