DuPont v. Yellow Cab Co. of Birmingham

Wilbert O. DuPont appeals from a partial summary judgment in favor of defendant Yellow Cab Company of Birmingham, Inc. ("Yellow Cab"), in this action to recover damages for breach of contract. We affirm.

Yellow Cab contracted with the Birmingham Board of Education ("the Board") to transport physically handicapped students in the Birmingham school system. The contract provided, in pertinent part, as follows:

". . . Yellow Cab will transport the physically handicapped students of the Birmingham School System . . . and in connection therewith will furnish all necessary vehicles and personnel and…