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· 2/24/2006

Drummond Co. v. Alabama Department of Transportation

Citations

  • 937 So. 2d 56
  • 2006 Ala. LEXIS 43

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • considering stipulated judgment and deed to resolve ambiguity in parties’ agreement
  • had terms of prior stipulated judgment in eminent domain proceeding differed from terms of deed, terms of deed would replace and supersede terms of judgment upon deed’s conveyance
  • “Where there are multiple writings regarding the same transaction, the writings should be considered together to determine the intent of the parties.”
  • “under the principle of merger by deed, the terms of the deed would automatically replace and supersede the terms of the underlying contract, absent a reservation of collateral rights”
  • “It is a general rule of construction that whenever two interpretations of a contract seem equally possible, the language will be construed against the party responsible for its inclusion.”
  • “under the principle of merger by deed, the terms of the deed would automatically replace and supersede the terms of the underlying contract, absent a reservation of collateral rights”

Source: CourtListener parenthetical corpus (CC0).

Judges: Parker, Nabers, See, Lyons, Harwood, Woodall, Stuart, Smith, Bolin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.