JS, Inc. v. Brandon Auto Supply, Inc.
Docket Number: | 2002-CA-00299-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 06-24-2003 Opinion Author: Irving, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Breach of contract - Ambiguity of terms Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT |
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Trial Court: |
Date of Trial Judgment: 01-24-2002 Appealed from: Hinds County Chancery Court Judge: Denise Owens Disposition: SUMMARY JUDGMENT FOR THE APPELLEE Case Number: G2000-2251 0/3 |
Party Name: | Attorney Name: | |||
Appellant: | JS, Inc. d/b/a CAPS Auto Parts |
MEL J. BREEDEN |
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Appellee: | Brandon Auto Supply, Inc. d/b/a Noel's Automotive Warehouse | SHERYL BEY |
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Synopsis provided by: If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
Topic: | Breach of contract - Ambiguity of terms |
Summary of the Facts: | JS, Inc., d/b/a Caps Auto Parts, filed a complaint against Brandon Auto Supply for breach of contract concerning an agreement which would have required Brandon Auto to buy back certain inventory from JS under certain specified conditions. JS sought enforcement of the agreement between the parties, or in the alternative, a money judgment in the amount of $100,000, plus costs and interest. Brandon Auto filed a motion for summary judgment which the court granted. JS appeals. |
Summary of Opinion Analysis: | JS argues that there is a genuine issue of material fact, because two terms in the buy-back agreement, “bank” and “initial financing” are ambiguous. Despite the differences of interpretation by the parties with regard to the terms, JS does not present any genuine material issue. The terms “bank” and “initial financing” are clear and unambiguous within the four corners of the JS-Brandon Auto agreement and refer to the initial loan by Union Planters Bank. The term "bank" is capitalized and could only refer to Union Planters Bank under any reasonable interpretation. |
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