Orville L. Berg, et al, Individually and as Trustees, Petitioners, v. David Hudesman, et al, Respondents, 115 Wn.2d 657

Summary

Plaintiff landlord filed an action against defendant tenant, alleging that defendant incorrectly calculated the rent due in a ground lease that provided for a division of income between the parties on the basis of net rentals. Plaintiff sought a declaration that all receipts from subtenants had to be included in gross rentals and that only those expenses listed as deductible could be deducted in determining the rent due. The trial court granted summary judgment to plaintiff, finding that the rental terms were clear and unambiguous. The court of appeals affirmed, but remanded for a determination of certain facts. Upon review, the court reversed and remanded, holding that summary judgment was improper because there were ambiguities on the face of the lease contract and there were material questions of fact remaining as to the intent of the contracting parties. It was held that a determination of the parties' intent was to be based on the contract as a whole. If, on remand, the trial ...