Legal Opinion
Hettig & Co. v. Union Mutual Life Insurance
Court of Appeals for the Fifth Circuit
Decided February 5, 1986No. 85-2560PublishedCited by 2 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
We here interpret under Texas law provisions in a promissory note governing the calculation and payment of a prepayment premium. The district court, finding the provisions unambiguous, granted summary judgment. Because the provisions are susceptible to either of two opposing interpretations, we find them ambiguous, and reverse and remand for trial to consider extrinsic evidence necessary to resolve the ambiguity.
I
In September 1982 Union Mutual loaned money to a Texas limited partnership, 770 South Post Oak Office Building Ltd., for the partnership’s…
2Cases cited12 opinions
- Coker v. CokerTexas Supreme Court · 1983
- R & P Enterprises v. LaGuarta, Gavrel & Kirk, Inc.Texas Supreme Court · 1980
- City of Pinehurst v. Spooner Addition Water Co.Texas Supreme Court · 1968
- J. B. Watkins v. Petro-Search, Inc.Court of Appeals for the Fifth Circuit · 1982
- E. H. Thornton, Jr., Cross-Appellant v. Bean Contracting Company, Inc., A/K/A Bean Contracting Corp., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1979
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3Cited by2 opinions
- Central Arizona Water Conservation District v. United StatesDistrict Court, D. Arizona · 1998
- Hettig & Company v. Union Mutual Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1986