The appellant municipality appealed an order declaring that an amended lease remained in force and that the parties should proceed to arbitration under that lease.
Reviewing the correspondence and internal memoranda, the court held the parties had reached a meeting of the minds on revised terms, including early termination, which superseded the prior lease arrangement.
The application judge erred in finding there had been no acceptance of renegotiation proposals.
The appeal was allowed, the application was dismissed, and costs were awarded to the appellant.
