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REA CONSTRUCTION CO. v. B. B. McCORMICK & SONS, INC.

No. 16929.

255 F.2d 257 (1958)

REA CONSTRUCTION COMPANY and Ætna Casualty and Surety Company, Appellants, v. B. B. McCORMICK & SONS, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

May 13, 1958.

Attorney(s) appearing for the Case

J. Velman Keen, A. Frank O'Kelley, Charles H. Spitz, Keen, O'Kelley & Spitz, Tallahassee, Fla., for appellants.

William A. O'Bryan, Ausley & Ausley, Tallahassee, Fla., Mark Hulsey, Jr., Glickstein, Crenshaw & Glickstein, Jacksonville, Fla., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The question here is whether the District Court in a non-jury trial properly denied recovery to Contractor1 for items claimed to have been the responsibility of Subcontractor2 on the ground that the contract was ambiguous and unclear, thus allowing receipt and decisive consideration of parol evidence. That is the crucial issue for once it is determined that the contract was ambiguous...

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