Lee v. Springer Laundries, Inc.

Plaintiffs were given judgment on their “Complaint for Money” alleging non-payment of sums due from defendant, plus interest, under a written contract for the purchase of an industrial linen and supply route; defendant was also ordered to pay plaintiffs the sum of $75 for its wilful failure to file timely answers to certain interrogatories propounded prior to trial, which order does not appear to be challenged. Defendant appeals from the judgment, Appellant asserts the lack of any evidentiary support for the trial court’s finding with respect to the principal and interest due, since it was predicated upon an erroneous construction of a key “formula” in the instrument of sale fixing the purchase price.

The contract was drafted by Mr. Federoff, defendant’s general manager, and executed on October 18, 1965, after some three weeks of negotiation. Paragraph 2 thereof sets forth the “formula” in the following language: “Burbank [defendant] agrees to pay Interstate [plaintiff] as consideration for this agreement fifty dollars ($50.00) for every one dollar net average weekly volume for the ninty [sz'c] (90) day period immediately after date of this agreement payable as follows:…