Abdelrhman v. Ackerman

McLEESE/Associate Judge,

concurring in part and dissenting in part:

I agree that the trial court correctly dismissed the claim of .breach of the implied covenant of good faith and the challenge to service of the notice to quit. Ante at 891-93. . I respectfully dissent, however, from this court’s decision to uphold the dismissal of the breach-of-contract claim. Ante at 887-91. I would hold that, when considered as a whole, the language of the lease at issue was ambiguous and that extrinsic evidence therefore should be considered in interpreting that language. I would therefore reverse and remand…