Eastgate Associates, Ltd. v. Piggly Wiggly Southern, Inc.

It is my belief that in the first appearance of this case before us, this court issued an opinion which contained an ambiguity in the phrase used to measure damages. However, although our language was inapt, it need not cause an unjust result because, being ambiguous, it is susceptible to construction following established principles of contract interpretation. That is what the court did on remand in the very well-reasoned case of Arthur Treacher’s &c. v. Chillum Terrace &c. Partnership, 347 A2d 568 (Md. 1975), where the identical language was used in an initial opinion setting the measure of…