U. S. Enterprises, Inc. v. Mikado Custom Tailors

I respectfully dissent from the majority opinion. I agree that the judgment should be reversed but cannot agree that the construction of an unambiguous lease provision “must be left for resolution by a jury.” In my opinion this case should be reversed with direction that a judgment be entered for the appellant on this issue.

“The construction of a contract is a question of law for the court.” Code Ann. § 20-701 (Code § 20-701). “ ‘The construction of a contract, if needed, being a question of law for the court, as well as a duty that rests upon the court, there can be no ambiguity within the…