Fredeking v. Grimmett

It is my position that there is no ambiguity in the simple written rental contract involved and, that though the word “sold” be assumed to be ambiguous, the evidence relating to any ambiguity supports the finding and holding of the trial court as to what was intended by the parties. The rental provided in the contract for the property leased was “twenty dollars ($20.00) per month payable in advance, and the said party of the second part further agrees to pay one cent (1^) per gallon on all gasoline sold at the aforesaid filling station”. In the course of the operation of the filling station…