Juster v. Montgomery Ward Development Corp.

RYDER, Judge.

Martin Juster, the plaintiff below, appeals a final judgment entered in favor of Montgomery Ward, et al., based upon the construction of a contract regarding common area maintenance charges in a shopping mall. We reverse.

On October 1, 1971, Montgomery Ward Development Corporation entered into an agreement entitled “Reciprocal Construction, Operating and Easement Agreement” (hereafter RCOE) with Floriland, Inc. The parties owned contiguous parcels of land in the mall. The RCOE provided that an enclosed pedestrian mall would be constructed and that Ward Development would contribute…