Moran v. Shern

One issue is dispositive of this appeal: Did the trial court err in concluding that the agreement was unambiguous and in its construction of that agreement favorable to the Morans ?

Appellants, Shems, contend that the trial court erred in its construction of the agreement as contemplating the agreed-upon profit percentage to be computed on the basis of the improved lands (by improved lands is meant the property and new multifamily, dwellings) rather than the unimproved lands which contained only a house, garage and dog kennel. According to appellants, if the contract was plain and unambiguous…