Browning-Ferris Industries, Inc. v. Casella Waste Management of Massachusetts, Inc.

This appeal presents an issue of contract interpretation. What standards permit a court to furnish a term missing from an agreement by reason of the parties’ mutual mistake or negotiating oversight? The two contracting parties, Browning-Ferris Industries, Inc. (BFI), and Casella Waste Management of Massachusetts, Inc. (Casella), engage in the *301collection, transport, and disposal of solid waste material. Waste management companies of their large scale own, or contract for the use of, three major assets: (1) hauling routes typically acquired by agreement with municipalities or private entities…