B & C Management Vermont, Inc. v. John

I concur in the majority’s affirmance of the trial court’s decision, but on a different basis. When the plain language of a contract is clear, the fact that the parties’ course of performance has not complied with the requirements of the contract does not change the meaning of the contract. Highridge Condo. Owners Ass’n v. Killington/Pico Ski Resort Partners, LLC, 2014 VT 120, ¶ 22, 198 Vt. 44, 111 A.3d 427 (noting that “course of performance may be relevant in *210interpreting an ambiguous contract” but may not be considered where contract is unambiguous).

¶ 17. In this case, I cannot conclude…