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Angus Chemical Co. v. Glendora Plantation, Inc.

United States Court of Appeals for the Fifth Circuit

782 F.3d 175 (2015)

Relevant factsFree

Angus's (plaintiff) right-of-way agreement gave it the right to "construct, maintain, inspect, operate, protect, alter, repair, replace and change the size of" its pipeline; after the original pipe began leaking, Angus built a new, larger pipeline and abandoned the old one in place without Glendora's (defendant) consent, and the trial court granted Angus summary judgment finding the right to "replace" included abandoning the original pipe in place — a reading Glendora disputed as ambiguous, pointing to a later agreement that separately spelled out an abandonment right and Angus's own internal documents suggesting it didn't believe it had that right originally.

IssueFree

Whether courts consider extrinsic evidence of the parties' intent in a contract only if its express terms are ambiguous.

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