Legal Opinion · Dissent

State Highway Commission v. Brasel & Sims Construction Co.

Wyoming Supreme Court

Decided September 12, 1984No. 83-92, 83-93Published

1DissentRooney, Chief Justice

THE DISPUTES CLAUSE OF THE CONTRACT SHOULD BE ENFORCED

The majority opinion is 180 degrees contrary to our regularly held propositions relative to contract construction. This contract has a disputes clause. The language of it is plain, it definitely expresses the intent and purpose of the parties, and its spirit and tenor cannot be misunderstood.

The contract is identical to those previously executed by Brasel & Sims Construction Co., Inc. (hereinafter appellee) and under which it has often performed. It provides for final dispute determination or final arbitration, subject only to one…

2Cases cited32 opinions

  1. Crown Coat Front Co. v. United StatesSupreme Court of the United States · 1967
  2. J. D. Hedin Construction Company, Inc., for Its Own Use and for the Use of Fischbach & Moore, Its Sub-Contractor v. The United StatesUnited States Court of Claims · 1965
  3. Amoco Production Co. v. Stauffer Chemical Co.Wyoming Supreme Court · 1980
  4. United States v. Joseph A. Holpuch Co.Supreme Court of the United States · 1946
  5. Commerce International Company, Inc. v. The United StatesUnited States Court of Claims · 1964

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