Pacific Gas & Electric Co. v. G.W. Thomas Drayage & Rigging Co.
Supreme Court of California
442 P.2d 641 (1968)
Relevant factsFree
Thomas (defendant) contracted to remove and replace a turbine cover for PG&E (plaintiff), agreeing to indemnify PG&E for "loss, damage, expense and liability resulting from injury to property"; when the cover fell and damaged PG&E's turbine rotor, the trial court found the indemnity clause's "plain meaning" covered damage to PG&E's own property, refusing to admit Thomas's extrinsic evidence that the clause was meant to cover only third-party property damage.
IssueFree
Whether extrinsic evidence is admissible to prove the meaning of contractual terms when the parties' intent is disputed as ambiguous.
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