Tigg Corporation v. Dow Corning Corporation

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this diversity action for contract damages under Michigan law, we consider the certified question whether the district court was correct in applying the parol evidence rule of the Michigan Uniform Commercial Code to exclude from the court’s consideration extrinsic evidence offered to support an alternative interpretation of a contract which, from the linguistic perspective of the court, appears to be facially unambiguous. We find that the district court erred in refusing to consider all proffered evi dence when determining whether, as a matter of…