Richard Barton Enterprises, Inc. v. Tsern

I dissent as to part TV, REPAIR OF THE ELEVATOR. The trial court held that Kim-*383bah fulfilled its contract to repair the elevator to a “safe operating condition” but that Tsern did not meet his lease requirement that he repair the elevator to “good working order.” I cannot agree with the explanation offered by the trial court or with the lead opinion of this court as to why these holdings are not inconsistent.

The parties admit that the phrases “safe operating condition” and “good working order” are not recognized terms of art; they have no readily understood meaning outside of the contracts in…