Kennedy and others, petitioners

Commercial contract – Construction. Court of Session: In an action concerning a Minute of Agreement relating to a development site owned by the petitioners which provided that they would reimburse the respondents' professional fees on fulfilment of certain conditions, the court held that the agreement must be construed as submitted by the respondents, who argued that there was no obligation on them to obtain planning consent; the petitioners were obliged to pay if they sold to a third party within five years of the agreement, they did so and therefore they were obliged to pay.

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