Western Sling and Cable Co. v. Hamilton
Supreme Court of Alabama
1Opinion of the Court
This appeal involves a declaratory judgment action in which the sellers sought a construction of an agreement for the sale of a business. The parties stipulated the facts and submitted the case to the trial judge for a legal declaration of the rights and duties of the parties under an indemnification provision of the contract. The trial court made a declaration against the purchaser, and in doing so applied the rule that an ambiguous contract is generally construed against the drafter, which in this case was the purchaser.
Appellant's main argument on this appeal is that an exception to this…
2Cases cited5 opinions
- E.I. Du Pont De Nemours & Co. v. Shell Oil Co.Supreme Court of Delaware · 1985
- Root v. Allstate Insurance CompanySupreme Court of North Carolina · 1968
- Spatz v. NasconeDistrict Court, W.D. Pennsylvania · 1973
- Joyner v. AdamsCourt of Appeals of North Carolina · 1987
- Carter v. Certain-Teed Products Corp.Court of Appeals for the Eighth Circuit · 1953
3Cited by13 opinions
- Beanstalk Group, Inc. v. Am General Corporation and General Motors CorporationCourt of Appeals for the Seventh Circuit · 2002
- Gray v. ReynoldsSupreme Court of Alabama · 1989
- FabArc Steel Supply, Inc. v. COMPOSITE CONSTR. SYSTEMS, INC.Supreme Court of Alabama · 2005
- Ohio Casualty Insurance v. Holcim (US), Inc.District Court, S.D. Alabama · 2010
- Blue Cross & Blue Shield v. WoodruffSupreme Court of Alabama · 2001
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