Aquagen International, Inc. v. Calrae Trust

DURHAM, Associate Chief Justice:

We granted Calrae Trust’s petition for an interlocutory appeal in order to review the trial court’s issuance of a preliminary injunction against it. The court held that the language contained in a contract between Calrae Trust and appellee Aquagen International, Inc., was clear and unambiguous. This ruling had the effect of forcing Calrae Trust to perform a contractual obligation despite a complete failure to perform by Aqua-gen International, Inc., and its principal. We reverse.

Calvin B. Smith, trustee for Calrae Trust (“Calrae”), developed a formula whereby…