· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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