Sol K. Graff & Sons v. Leopold

Plaintiffs, lessees, brought an action for damages against defendant, lessor, for the alleged wrongful removal of a sign. Roth, parties filed motions for summary judgment, and the trial court granted summary judgment for defendant. Plaintiffs appeal and contend: (1) the lease is latently ambiguous on the question of preexisting signs and should be construed in favor of the plaintiffs, and (2) an implied covenant exists between the parties which permits plaintiffs to maintain the sign.

The pertinent evidence as found in the pleadings, affidavits and depositions follows:

Plaintiffs, Sol K. Graff…