C-H Building Associates, LLC v. Duffey

THOMAS H. NEWTON, Chief Judge.

C-H Building Associates, LLC (C-H) sued Mr. and Mrs. Joe Duffey (the Duf-feys) under three theories, including breach of contract based on an alleged lease in a commercial real estate sales agreement. After discovery, C-H filed a motion for summary judgment, which the trial court granted. The Duffeys appeal the trial court’s summary judgment. We reverse and remand.

Factual and Procedural Background

C-H entered a real estate sales contract with the Duffeys to purchase a commercial building. The contract contained the following language under the property…