Wai v. Parks

(dissenting) — This case is an illustration of how a very plain and simple business transaction may by a process of reasoning and construction of a contract become complicated and confusing in an effort to avoid the payment of an honest debt. The defense to the action for unpaid rent and the arguments made in its support fall within the category known to trial lawyers as the “cuttlefish” defense or argument — one whereby the debtor so darkens the legal waters that he may confuse the pursuing creditor and thus escape his obligation.

The contract between the parties had a twofold but sever-able…