United Parcel Service, Inc. v. Universal Diamond Corp.

In my opinion, the term “cash only” is ambiguous and that ambiguity remains after applying the rules of construction. Accordingly, I concur in the affirmance of the denial of appellant-defendant’s motion for summary judgment, but I must dissent to the affirmance of the grant of appellee-plaintiff’s motion for summary judgment.

“ ‘The word “ambiguity” has been variously defined by the courts, but for the purpose of this case it is sufficient to say that a *796word or phrase is ambiguous only when it is of uncertain meaning, and may be fairly understood in more ways than one.’ [Cits.]” Burden v.…