Legal Opinion · Dissent

Shields v. Hiram C. Gardner, Inc.

Idaho Supreme Court

Decided July 26, 1968No. 9956Published

1DissentMcFADDEN, Justice

The majority opinion is to the effect that under the typewritten General Change En*430dorsement No. 1, appellant insured respondent from all losses arising out of “erroneous delivery of seeds, errors in mechanical mixtures, * * * germination failure, * and that an error in mechanical mixture took place at Buhl, Idaho; and hence appellant was obligated to defend the action against Shields and pay all damages and costs of defense. The basis for such conclusion can be summarized as follows: that the General Change Endorsement No. 1 is typewritten; it is ambiguous, and hence must be construed against…

2Cases cited56 opinions

  1. Kendrick v. MasonSupreme Court of Louisiana · 1958
  2. Merrill v. Duffy Reed Construction Co.Idaho Supreme Court · 1960
  3. Remmer v. Glens Falls Indemnity Co.California Court of Appeal · 1956
  4. Ritchie v. Anchor Casualty Co.California Court of Appeal · 1955
  5. Pittsburgh Plate Glass Company v. Fidelity and Casualty Company of New YorkCourt of Appeals for the Third Circuit · 1960

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