Hoffman v. United Silver Mines, Inc.

BURNETT, Judge.

“Resolve me of all ambiguities!” This lament of Christopher Marlowe, the sixteenth century poet-playwright, echoes in the case now before us. The appeal arises from a dispute over the language of an agreement for development of a silver mine. We must decide whether the agreement is ambiguous and, if so, whether the district court properly resolved the ambiguity, giving the agreement its intended meaning. For reasons explained below, we affirm the district court’s judgment in part, vacate it in part, and remand the case.

I

The facts essential to our opinion are undisputed. In Box…