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Law Pathfinder

QUESTION PRESENTED
May an Idaho defendant utilize extrinsic evidence in elucidating the intent of a contract if its defining terms are ambiguous?
SHORT ANSWER
Yes, a defendant may utilize extrinsic evidence to clarify the ambiguous terminology of a contract, if by use of such terms the contract’s intent is uncertain.
LEGAL AUTHORITY
1. Cline v. Hoyle & Associates Ins. Inc., 697 P2d 1176 (Idaho 1985)
2. Bonner v. Panhandle Rodeo Asso., 620 P2d 1102 (Idaho 1980)
3. Bergkamp v. Carrico, 101 Idaho 365, 613 P2d 376 (Idaho 1980)
4. Werry v. Phillips Petroleum Company, 97 Idaho 130, 540 P.2d 792 (Idaho 1975)
5. Dille v. Doerr Distributing Co., 867 P.2d 997 (Idaho App. 1993)
6. Hoffman v. United Silver Mines, Inc., 116 Idaho 240, 775 P.2d 132 (Idaho App. 1989)

FACTS

Mr. and Mrs. James wish to determine whether or not a court would accept their contention that the contract between themselves and Inland Dairy, Inc. is limited to their operation of Will...

Posted by: Sheryl Hogges

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