Massachusetts Appeals Court April 19, 2011, No. 09-P-156 (Browning-Ferris Industries, Inc. v. Casella Waste Management of Massachusetts, Inc.)

Sikora, J.

This appeal presents an issue of contract interpretation. What standards permit a court to furnish a term missing from an agreement by reason of the parties’ mutual mistake or negotiating oversight? The two contracting parties, Browning-Ferris Industries, Inc. (BFI), and Casella Waste Management of Massachusetts, Inc.