Legal Opinion
Rea Construction Company and Aetna Casualty and Surety Company v. B. B. McCormick & Sons, Inc.
Court of Appeals for the Fifth Circuit
Decided May 13, 1958No. 16929_1PublishedCited by 12 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
The question here is whether the District Court in a non-jury trial properly denied recovery to Contractor 1 for items claimed to have been the responsibility of Subcontractor 2 on the ground that the contract was ambiguous and unclear, thus allowing receipt and decisive consideration of parol evidence. That is the crucial issue for once it is determined that the contract was ambiguous, Contractor concedes that it cannot overturn the consequent fact findings on interpretation which come here with the buckler and shield of F.R.C.P. 52(a), 28 U.S.C.A.
The immediate…
2Cases cited10 opinions
- Shouse v. DoaneSupreme Court of Florida · 1897
- Knabb v. Reconstruction Finance CorporationSupreme Court of Florida · 1940
- E. L. Baker and R. L. Price v. Howard G. NasonCourt of Appeals for the Fifth Circuit · 1956
- Petroleum Financial Corporation v. H. C. Cockburn and Cockburn Oil CorporationCourt of Appeals for the Fifth Circuit · 1957
- Highway Const. Co. of Ohio, Inc. v. City of MiamiCourt of Appeals for the Fifth Circuit · 1942
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- James P. Mitchell, Secretary of Labor, United States Department of Labor v. Mitchell Truck Line, Inc.Court of Appeals for the Fifth Circuit · 1961
- United States v. Bob Lawrence Realty, Inc.Court of Appeals for the Fifth Circuit · 1973
- Avner M. Horton v. United States Steel CorporationCourt of Appeals for the Fifth Circuit · 1961
- The American Oil Company v. John H. HartCourt of Appeals for the Fifth Circuit · 1966
- Hughes Tool Company v. Varel Manufacturing Company, Inc., Varel Manufacturing Company, Inc. v. Hughes Tool CompanyCourt of Appeals for the Fifth Circuit · 1964
7 more not listed; retrieve them via the Exa API.