373 Mass. 858 | Mass. | 1977
This case arose out of an arbitration award confirmed by the Superior Court, which confirmation was upheld by this court. Trustees of the Boston & Me. Corp. v. Massachusetts Bay Transp. Auth., 363 Mass. 386 (1973). The arbitration award, in essence, established the value of a railroad right of way which the Massachusetts Bay Transportation Authority (META), by exercising an option, had agreed to purchase from the Boston and Maine Corporation (B & M). The case came before this court a second time in 1975. At that time we considered whether the B & M was entitled to interest on the award, and, if so, on what date the interest began to run. Trustees of the Boston & Me. Corp. v. Massachusetts Bay Transp. Auth., 367 Mass. 57 (1975). The MBTA argued then — and reasserts now — that it could not become liable for interest on the award until the B & M had tendered a conforming deed. The B & M had withheld delivery of the deed while the valuation dispute was in litigation, although it appeared that the B & M may have been ready, willing and able to perform during that period. This court noted that in the circumstances tender was excused. Id. at 61-62 n.2. We remanded for a finding of “the date on which the B & M could have and would have tendered a conforming deed had this dispute not been in litigation.” Id. at 65. We specifically held that the B & M would be entitled to interest calculated from the date found by the Superior Court. Id. The only question properly before us now is whether the Superior Court judge correctly followed this court’s rescript on re
Judgment affirmed.
