Bartlam v. Tikka

In this action on a promissory note, defendants appeal the trial court’s granting of plaintiff’s motion for summary judgment, contending (1) that the contract to which the promissory note is subject is ambiguous and what the parties intended is a material issue of fact, and (2) even if not ambiguous, the contract does not express the intention of the parties and should be reformed. We affirm.

The underlying facts are uncontroverted. On December 22, 1976, defendants executed a contract for the purchase of all of the stock of Oregon Marine Supply Co.; plaintiff was one of the selling…