Following a three-day jury-waived trial in Suffolk Superior Court, a judge reformed promissory notes and mortgages between the parties to reflect that the purchaser of a commercial building in West Roxbury did not owe the seller, who also financed the purchase, almost $600,000 in alleged principal, interest, and attorney’s fees that were demanded.
The judge determined that due to mistakes between the parties as to the underlying terms of the sale and financing, the promissory notes and mortgages did not reflect the parties’ agreement, concluding that the purchaser had paid all amounts due under the promissory notes and ordering the corresponding mortgages to be discharged.
The judge ultimately ruled in our client’s favor on all five counts alleged in their complaint including the claims for mistake, unjust enrichment, fraud in the inducement, and breach of the covenant of good faith and fair dealing.
Mr. Hixon, a partner at the firm, has successfully tried numerous cases and has over ten years of trial experience in state and federal courts. Ms. Sabato concentrates her trial court practice on complex civil litigation matters and business disputes.