Pergament v. Loring Properties, Ltd.

I concur with the majority’s discussion of the mortgage exception to the merger doctrine, but believe that the analysis stops short of considering all of the facts and law presented in this case. Therefore, I dissent as to the result and would remand this case to the trial court.

Our case law has firmly established that application of the merger doctrine depends on the equities of the case. For over one hundred years we have recognized that “[t]he doctrine of merger is a flexible, equitable doctrine” the application of which depends on the facts or circumstances of the particular case at…