Let's say there is a settlement agreement states that Party A (Plaintiff) will agree to settle the debt if Party B (Defendant) makes down payment by a certain MONTH and DAY--with the rest of the debt spread out in monthly installments over two years.
In exchange for signing the settlement agreement, Party A (Plaintiff) will dismiss the case WITHOUT prejudice. If Party B (Defendant) defaults on the agreement, the credit card company can submit an affidavit of non-compliance which results in a judgment against Party B (Defendant).
However, the settlement agreement only specifies a MONTH and DAY for the downpayment DUE DATE and NOT a YEAR.
The question is, if the agreement gets signed by both parties, and Party B (Defendant) decides not to make the downpayment, does that constitute a breach of contract?
Since there is no downpayment due-date YEAR (only MONTH and DAY), how would a court rule if the credit card company were to file an affidavit of non-compliance?