Davies v. Boyd

While agreeing with the conclusion reached in the opinion, I have difficulty with the reasoning adopted in arriving there.

The opinion indicates there is no ambiguity in the contract and interprets the language used as being clear that the $8,000.00 note and mortgage were not intended as a down payment, but were in lieu thereof.

It seems to me that an ambiguity is present by virtue of the statement that purchasers are “not at this time able to make a down payment" but are “willing to give a second mortgage * * * for the sum of $8,000.00, which note and mortgage will be executed on the same date…