Rorick v. Gilbert

It is contended on behalf of Spitzer-Rorick & Company that paragraph 5 of the contract above- quoted is ambiguous and that the trial court erred to its prejudice in excluding evidence offered to explain and clarify its language, the company contending that the evidence so offered was not for the purpose of varying or contradicting the contract but to explain the ambiguous language, the meaning of the contract as drawn and the intention of the parties thereto.

After the parties had conducted a brief correspondence, Mr. Gilbert came to Toledo in order to discuss personally with the defendants…