Amalgamated Transit Union v. Hinton

The majority finds the language of clause 26 “ambiguous on its face” and “subject to more than one reasonable interpretation.” It then concludes that the intent of the parties cannot be discerned without the aid of extrinsic evidence and, accordingly, that a trial is in order. I respectfully disagree. The purchase agreement was rescinded before the execution of the lease. Therefore, no juror could then reasonably conclude that the parties intended to incorporate into the lease the intent under the purchase agreement to establish a condition precedent to the sale of the apartment.

It is…