Frostar Corp. v. Malloy

In their Superior Court jury trial, the parties advanced conflicting theories to explain why plaintiff Frostar Inc. did not close on the purchase from defendant Martin J. Malloy, as trustee of the 33 Norfolk Avenue Realty Trust, of real estate located at 16 Howard Street in the Roxbury section of Boston. Frostar contended that Malloy had wrongfully withheld a promised environmental report until virtually the eve of closing, that the report when finally furnished was inadequate, and that Malloy compounded the situation by refusing in bad faith to extend the closing date for a reasonable time…