Legal Opinion · Dissent

Gulf Oil Corporation, a Pennsylvania Corporation v. Lydia Chiodo

Court of Appeals for the Fourth Circuit

Decided November 3, 1986No. 85-2150Published

1DissentWilkinson, Circuit Judge

Unlike the majority, I cannot conclude that the language of this lease compels Chiodo to sell her property at the below market price of $40,000. The lease here is ambiguous; even courts cannot agree on the meaning of these lease provisions. Moreover, if the original parties actually intended to prevent Chiodo from selling her property for its fair market value, there are surely clear ways to say so. The majority’s transmutation of vague terms into clear ones creates a bargain that the parties did not make. That fact is all the more disturbing when one considers that the parties were not…

2Cases cited11 opinions

  1. Amoco Oil Co. v. SnyderSupreme Court of Pennsylvania · 1984
  2. Williams v. First Federal Savings & Loan Ass'n of ArlingtonCourt of Appeals for the Fourth Circuit · 1981
  3. Texaco, Inc. v. CreelSupreme Court of North Carolina · 1984
  4. Nisbet v. WatsonWest Virginia Supreme Court · 1979
  5. Shell Oil Co. v. BlumbergCourt of Appeals for the Fifth Circuit · 1946

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