· 4/24/2003
Frear v. P.T.A. Industries, Inc.
Citations
- 103 S.W.3d 99
- 2003 Ky. LEXIS 70
- 2003 WL 1937099
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a court will interpret an unambiguous contract, such as a settlement agreement, “by assigning language its ordinary meaning and without resort to extrinsic evidence”
- “[W]e begin with the observation that, under contract law, an oral contract is ordinarily no less binding than one reduced to writing.”
- “[I]n the absence of ambiguity a written instrument will be enforced strictly according to its terms[.]” (quoting O’Bryan v. Massey-Ferguson, Inc., 413 S.W.2d 891, 893 (Ky. 1966))
- in resolving ambiguity, “the court will gather, if possible, the intention of the parties[.]”
- “[I]n the absence of ambiguity a written instrument will be enforced strictly according to its terms, and a court will interpret the contract’s terms by assigning language its ordinary meaning and without resort to extrinsic evidence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Keller
Read full opinion on CourtListenerSourced 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.