Theroux v. Bay Associates, Inc., 74-22-A
| Court | United States State Supreme Court of Rhode Island |
| Writing for the Court | ROBERTS |
| Citation | 339 A.2d 266,114 R.I. 746 |
| Parties | Joseph G. THEROUX et al. v. BAY ASSOCIATES, INC., et al. ppeal. |
| Docket Number | No. 74-22-A,74-22-A |
| Decision Date | 13 June 1975 |
Page 266
v.
BAY ASSOCIATES, INC., et al.
Page 267
[114 R.I. 750] Coffey, McGovern & Novogroski, Charles J. McGovern, Providence, for plaintiffs.
Gordon C. Mulligan, Warwick, Louis A. Petrarca, Jr., West Warwick, for defendants.
[114 R.I. 747] ROBERTS, Chief Justice.
This complaint for a declaratory judgment was brought by Joseph G. Theroux and Joseph T. Theroux against Bay Associates, Inc., Clovis H. St. Germain, B & S Realty Co., Inc., and Peter Barrett, pursuant to the provisions of G.L.1956 (1969 Reenactment) chapter 30 of title 9. The plaintiffs therein sought a declaratory judgment that a contract for the sale of a certain tract of land entered into with the defendant Bay Associates, Inc., had terminated. The case was heard by a justice of the Superior Court sitting without a jury, who entered a judgment declaring the agreement to have been terminated. From this judgment the defendants have prosecuted an appeal to this court.
It appears that plaintiff Joseph G. Theroux and defendant Bay Associates, Inc., entered into a purchase and sale agreement involving a tract of land located on Tower Hill Road in South Kingstown at a purchase price of $27,500. The agreement contained the following provision: 'Purchase subject to Zoning Change from R 40 to Business,* Buyer to pay all expenses involved and to pay commission of Regent Realty. If zone change denied, deposit to be returned to buyer.' 1 It is not disputed that plaintiff Joseph G. Theroux and defendant Peter J. Barrett filed a petition requesting the Town Council of the Town of South Kingstown to amend the zoning ordinance in order to make the real estate in question eligible for business uses. On January 24, 1972, following a public hearing by the town council, the petition was denied. Thereafter, Barrett appealed from the decision of the town [114 R.I. 748] council denying the petition to amend the zoning ordinance. That case is still pending in the Superior Court for Washington County.
The defendants contend, first, that the granting of the declaratory judgment in this case constituted an abuse of the trial court's judicial discretion. The reason, they argue, is that the issue concerning which declaratory judgment has been sought could have been decided in a pending action, namely, the appeal of defendant Barrett from the town council's decision denying the...
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Demarco v. Travelers Ins. Co., 2008–334–Appeal.
...parties but is instead the intent that is expressed in the language of the contract.”) (citing Theroux v. Bay Associates, Inc., 114 R.I. 746, 339 A.2d 266 (1975); Flanagan v. Kelly's System of New England, Inc., 109 R.I. 388, 286 A.2d 249 (1972)). Only when the document is absurd on its fac......
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Millett v. Hoisting Engineers' Licensing Division of Dept. of Labor, 75-81-A
...facilitate the termination of controversies. 1 Anderson, Actions for Declaratory Judgments § 4 (2d ed. 1951). Theroux v. Bay Assoc., Inc., 114 R.I. 746, 748, 339 A.2d 266, 267 (1975); Portsmouth Hosp. v. Indemnity Ins. Co., 109 N.H. 53, 242 A.2d 398 (1968); Davis v. State, 183 Md. 385, 37 A......
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Lancellotti v. Lancellotti, 76-102-A
...contained in the contract. Woonsocket Teachers' Guild v. School Comm., R.I., 367 A.2d 203 (1976); Theroux v. Bay Associates, Inc., 114 R.I. 746, 339 A.2d 266 (1975); [119 R.I. 199] Flanagan v. Kelly's Sys. of New England, Inc., 109 R.I. 388, 286 A.2d 249 (1972); Hill v. M. S. Alper & Son, I......
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Newport Plaza Associates, L.P., In re, 92-1444
...manner indicated, assented to the "no further financing" term. See Fireman's Fund, 391 A.2d at 102; see also Theroux v. Bay Assocs., Inc., 114 R.I. 746, 339 A.2d 266, 268 (1975) (explaining that a court will not import ambiguity into a contract that unmistakably expresses the parties' Nor d......