Indian Trail Village, Inc. v. Smith

Smith, Judge.

Appellant brought this action seeking damages for appellee’s failure to build a sewage treatment facility as required by one of the provisions of a contract for the sale of real estate. Appellee defended the suit on the ground that a second contract entered into by the parties released appellee from his obligation. The trial court ruled that the second contract was ambiguous on the question of release and called upon the jury to answer the following question: "[D]id Indian Trail Village, Inc., and Mr. Smith, by the [second] contract..., agree that Mr. Smith would remain…