Park Creek Associates, Ltd. v. Walker
Texas Court of Appeals, 5th District (Dallas)
1ConcurrenceKinkeade, Justice
I concur with the majority’s holding, but do not agree with its reasoning. Ambiguity in an agreement is a question of law for the court. Gulf & Basco Co. v. Buchanan, 707 S.W.2d 655, 657 (Tex.App.—Houston [1st Dist.] 1986, writ ref’d n.r.e.). Where neither party has alleged that the contract is ambiguous, the construction of the contract is a question of law for the court. Praeger v. Wilson, 721 S.W.2d 597, 600 (Tex.App.—Fort Worth 1986, writ ref’d n.r.e.). If after applying established rules of interpretation to the agreement, it remains reasonably susceptible to more than one meaning, it is…
2Cases cited8 opinions
- Universal C. I. T. Credit Corp. v. DanielTexas Supreme Court · 1951
- Cohen v. McCutchinTexas Supreme Court · 1978
- Praeger v. WilsonCourt of Appeals of Texas · 1986
- Gulf & Basco Co. v. Buchanan, Texas Court of Appeals, 1st District (Houston)1986
- Walker v. Horine, Texas Court of Appeals, 13th District1985
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