Contragolpe LLC v. 505 NE 30 Street, LLC
Sellers of condominium units sued after the assigned buyer cancelled a purchase agreement and refused to fund a second deposit, with the dispute turning on the contract's 'effective date' after addenda extended the 'time for acceptance of this contract.' The trial court found the term ambiguous, considered conflicting parol evidence (texts and emails between agents), and granted summary judgment for the buyer. The Third District reversed, holding the discrepancy between the lowercase 'this contract' and the defined term 'Contract' was a patent ambiguity that could not be resolved by parol evidence, let alone conflicting parol evidence at summary judgment.
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