The trial court correctly found that the clause of the contract, "Balance to be financed up to a 60 month term coinciding with the execution of the Elevator Service Agreement," is ambiguous. In particular, the clause does not identify the terms of the financing or the financier. While logic would suggest that plaintiff will be the financier since the terms of a loan from a third party would be a matter between defendant and the third party, the clause does not so state.<...
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