Mildenhall, L.L.C. v. Higginbotham

By Judge Robert P. Doherty, Jr.

Plaintiff Seller and Defendant Buyers entered into a contract to purchase an apartment building. Before signing the contract, Defendant added handwritten language to paragraph 16. Originally the contract read: “Closing will be held no later than June 30,2008, unless agreed upon by both parties.” Defendant subsequently wrote in the phrase, “Subject to approval of financing” at the end of that sentence. Both parties thereafter initialed the interlineations for the stipulated purpose of ratifying the amendment.

Plaintiff Seller now argues that the addition of the…