Holden Engineering & Surveying, Inc. v. Pembroke Road Realty Trust

The plaintiff, Holden Engineering and Surveying, Inc., sued the defendants, Pembroke Road Realty Trust and Jerry McCarthy (individually and as trustee of Pembroke), for payment pursuant to a contract between the parties. The Concord District Court {Sullivan, J.) ruled in favor of the defendants, finding that the plaintiff had not performed a condition precedent to payment. The plaintiff appeals this decision, and we reverse.

In early August 1991, the defendants hired the plaintiff to help them subdivide a plot of land. The parties’ contract specifies the “Ob*394jectives and Scope of Services” as…