Lakrest Development Co. v. Eisele

I dissent because, in my opinion, paragraph 10 of the deed of trust set forth in full in the majority opinion is clear and unambiguous and unless elements of estoppel or acquiescence by the trustees are present, it permits the trustees to collect a one-half commission every time the “property on which this trust is secured shall be advertised for sale hereunder and not sold.” This language means exactly what it says and indicates the intention of the parties to the deed of trust that whenever the subject property “shall be advertised for sale hereunder” and shall not be sold pursuant to the…