Gary Boat Club, Inc. v. Oselka

Defendants appeal as of right from a judgment of the circuit court decreeing conveyance of a parcel of land to the plaintiff upon payment to defendants of $44,830. Plaintiff instituted this action, seeking specific performance of the contract of purchase, which it alleged required the conveyance sought. The defendants filed a counterclaim. Both agree that the written agreement (contract) is ambiguous, at least, part of it. Much of the testimony and evidence was conflicting. The trial court found actual ambiguity in the contract, principally in part of paragraph 9 of the agreement.

Defendants…