Legal Opinion

Whit Shaw Associates v. Wardwell

Supreme Judicial Court of Maine

Decided July 5, 1985PublishedCited by 8 opinions

1Opinion of the Court

McKUSICK, Chief Justice.

Plaintiff Whit Shaw Associates appeals the dismissal by the Superior Court (Cumberland County) of its complaint seeking indemnification from Madelyn Wardwell, individually, under a brokerage agreement she executed with plaintiff to promote the sale of a bakery business. The Superior Court in granting Wardwell’s motion under M.R.Civ.P. 12(b)(6), construed the brokerage agreement to bind Wardwell’s corporation, and not Wardwell individually. On appeal, we find that the brokerage agreement is ambiguous as to whether Wardwell assumed any obligation to indemnify Whit Shaw…

2Cases cited3 opinions

  1. Baybutt Construction Corp. v. Commercial Union InsuranceSupreme Judicial Court of Maine · 1983
  2. Tinker v. Continental InsuranceSupreme Judicial Court of Maine · 1980
  3. Ace Ambulance Service, Inc. v. City of AugustaSupreme Judicial Court of Maine · 1975

3Cited by8 opinions

  1. Greenly v. Mariner Management Group, Inc.Court of Appeals for the First Circuit · 1999
  2. Penn-America Insurance v. LavigneCourt of Appeals for the First Circuit · 2010
  3. Pine Ridge Realty, Inc. v. Massachusetts Bay InsuranceSupreme Judicial Court of Maine · 2000
  4. Paris Utility District v. A.C. Lawrence Leather Co., Inc.Court of Appeals for the First Circuit · 1988
  5. WRIGHT-RYAN CONST., INC. v. AIG Ins. Co. of CanadaCourt of Appeals for the First Circuit · 2011

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