McKinley Investments, Inc. v. Middleborough Land, LLC

McKinley Investments, Inc. (McKinley), sought specific performance and damages on the basis of a purchase and sale contract for land, as orally modified. A Superior Court judge allowed defendant Middleborough Land, LLC’s (Middle-borough), motion for summary judgment based upon the Statute of Frauds, after she concluded that the oral amendments that McKinley sought to enforce went “beyond a simple extension of the time for performance” and, hence, beyond the limited parameters of the Cummings rule and its exceptions. See Cum*617mings v. Arnold, 44 Mass. 486, 489-492 (1842); Stearns v. Hall, 63…