K.G.M. Custom Homes, Inc. v. Prosky

On October 12, 1999, the defendants, Stephen J. *248Prosky, Karen Monteiro, and Joan Stormo (Proskys),2 executed a purchase and sale agreement with the plaintiff, K.G.M. Custom Homes, Inc. (K.G.M.). The Proskys agreed to sell approximately 45.7 acres of land in Norton to K.G.M. for the purpose of developing residential homes, with the price to be determined by the number of “approved and permitted buildable house lot[s],” and the closing set for twenty-one days “after all final approvals are granted and the expiration of any and all appeal periods.” In or about August, 2004, after a five-year…