Prestige Homes Real Estate Co. v. Hanson

While I agree that the trial court properly dismissed plaintiffs quantum meruit claim, because the majority opinion mischaracterizes the contract issue in this case and comes to the wrong result, I dissent.

The majority frames the issue assuming the following: the parties agree that the contract is unambiguous; interpretation of an unambiguous contract is a question of law; and there are no issues of fact to be resolved. Thus, the majority contends that the only question is whether defendant is entitled to judgment as a matter of law. This analysis is flawed from the start.

Although both…