Northern Propane Gas Company v. Mike Cole
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
This is a sort of man-bites-dog situation. Instead of the usual situation in which the author, confector and instigator of a boiler plate adhesion-type contract seeks to hold the weaker, pliant, submissive, unequal acceptor to the literal pound of flesh, the reverse is here claimed. Asserting with dead earnestness that its own form contract, filled in by its own responsible and presumably articulate representative of considerable responsibility, is ambiguous in its reference to the identity of all the parties to be bound by it, the contention is made that the Trial…
2Cases cited12 opinions
- Pace Corporation v. JacksonTexas Supreme Court · 1955
- Commonwealth v. DavisTexas Supreme Court · 1942
- Atomic Fuel Extraction Corporation v. Slick's EstateCourt of Appeals of Texas · 1964
- Cavaness v. General CorporationTexas Supreme Court · 1955
- Marx & Blum v. Luling Co-Operative Ass'nCourt of Appeals of Texas · 1897
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3Cited by5 opinions
- United States v. David E. Van DivinerCourt of Appeals for the Tenth Circuit · 1987
- Schnucks Twenty-Five, Inc. v. BettendorfMissouri Court of Appeals · 1979
- United States v. Franklyn Milton Browne, United States v. Darrin TaylorCourt of Appeals for the First Circuit · 1989
- Otto v. WeberCourt of Appeals of Minnesota · 1986
- Deutsche Bank Nat'l Trust Co. v. BurkeDistrict Court, S.D. Texas · 2017