Kentucky Court of Appeals Decisions (Minutes ) for September 6, 2013 (Nos. 851-864); 14 decisions announced with 1 decision designated “To Be Published”)

Louisville City Hall on Post Card

City Hall, Annex, and Fire Department on Old Post Card
Card is on Display at Deed Room in the Old Court House

Published and Unpublished Decisions from the Kentucky Court of Appeals for September 6, 2013.

Click here for AOC set of minutes of Kentucky Court of Appeals Decisions (Minutes ) for September 6, 2013 (Nos. 851-864); 14 decisions announced with 1 decision designated “To Be Published”)

Click here for complete list of all archived Court of Appeals Minutes that you can download from the Administrative Office of the Courts web site.

Short summary of the published decisions for this week are (click on the link for the full text of the decision from AOC):

852. Contract. Interpretation. Sale of Real Estate David Smith vs. Crimson Ridge Development LLC Opinion Affirming Warren County Published 9/6/2013

VANMETER, JUDGE: The appellants, David and Bettye Smith (“the Smiths”), appeal from the Warren Circuit Court order granting summary judgment in favor of Crimson Ridge Development, LLC (“Crimson Ridge”). We affirm.

The source of contention in this contract revolves around the phrase “survey of the Property satisfactory to Buyer.” The ordinary meaning of the word “satisfactory” is “giving satisfaction.” MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY 1035 (10th ed. 2002). “Satisfaction” is “the fulfillment of a need or want.” Id. When the phrase “satisfactory to Buyer” is read in conjunction with the ordinary meaning of the word “satisfactory,” the contract clearly requires that the buyer’s needs or wants in relation to the survey be satisfied.

Crimson Ridge was  entitled to rescind under the contingency provisions. The new survey revealed that the property did not abut a road in the location described by the survey attached to the contract; the road’s name is irrelevant.

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