Milne v. Milne Construction Co.

Plaintiff appeals a judgment for defendants in a contract action. He assigns error to the trial court’s grant of summary judgment to defendants based on its conclusion that the parties’ contract was unambiguous. We conclude that the disputed contract term is ambiguous and that there is a genuine issue of material fact about its meaning. Hence, the trial court erred in granting summary judgment to defendants. We reverse.

In an appeal of a summary judgment, we review the facts in the light most favorable to the nonmoving party to determine whether the moving party is entitled to judgment as a…