Birch Broadcasting, Inc. & A. v. Capitol Broadcasting Corporation, Inc. & A.

Summary

The court affirmed an order requiring the defendants to specifically perform an agreement to sell a radio station. It held that the agreement's five-year termination provision was ambiguous and that the parties' conduct showed the termination date was based on the first amended agreement, so the defendants breached by refusing to close. The court also upheld findings of breach of the implied covenant, standing for both challenged plaintiffs, denial of a request to await FCC proceedings, and the adequacy of the trial court's findings and legal rulings.