Quinn v. GODFATHER'S INVESTMENTS, INC.

This was an action for a declaratory judgment to determine whether the defendants, Godfather’s Investments, Inc., as lessee, and William M. Theisen, as guarantor, were liable to the plaintiff, Quinn, under a lease agreement. The lease contained a provision that if the defendant lessee was unable to obtain “financing” for the construction of “contemplated improvements,” the lessee could terminate the lease. The trial court found that the agreement was vague and ambiguous as to the term “financing”; that there was a failure of proof as to mutual assent among the parties; and that the defendants…