082335P.pdf   05/11/2009  Thirty and 141  v.  Lowe's Home Centers
   U.S. Court of Appeals Case No:  08-2335
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Gruender, Author, with Smith and Benton, Circuit
   Judges]
   Civil case - Contracts. Lease was ambiguous as to whether the parties
   intended to include two lots in certain restrictions, and the court could
   consider parole evidence to interpret the lease; plaintiff's evidence was
   sufficient to create a genuine issue of material fact such that a reasonable
   fact finder, after making credibility determinations and weighing the
   evidence, could find by clear and convincing evidence that the lease was
   a preexisting agreement describing the property that the parties intended
   to restrict and that parties made a mutual mistake by including the two
   lots in the restriction declaration; as a result, the district court erred in
   granting defendant's motion for summary judgment, and the matter is
   remanded for further proceedings; since the summary judgment is
   reversed, the district court's order granting defendant attorneys' fees must
   also be reversed.