CONTRACTS - RULES OF CONSTRUCTION - ONCE UPON A TIME, LLC V. CHAPPELLE PROPERTIES, LLC
Once Upon A Time, LLC v. Chappelle Properties, LLC, [Ms. 1141052, May 27, 2016] __ So. 3d __ (Ala. 2016). This opinion is about the meaning of the word “about” when used in the phrase “in, on, or ‘about’” leased premises in an indemnity provision of a commercial lease contract. The majority holds, in deciding this Rule 5, Ala. R. App. P., petition for permissive appeal, that the determination of the true meaning of the word and phrase could be decided as a matter of law, but the dissenting opinion contends the majority relied upon parol evidence and incorrect rules of construction in derogation of the standard of review for Rule 5 petitions. In the end, the majority concludes the indemnity provision would not apply to an injury allegedly suffered outside the four walls of the leased premises.
Related Documents: Once Upon A Time v Chappelle Properties