EAGLE INDUSTRIES v. DeVILBISS HEALTH CARE

No. 51, 1997.

702 A.2d 1228 (1997)

EAGLE INDUSTRIES, INC., Defendant Below, Appellant, v. DeVILBISS HEALTH CARE, INC., Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: November 25, 1997.


Attorney(s) appearing for the Case

Josy W. Ingersoll, and James P. Hughes, Jr., of Young, Conaway, Stargatt & Taylor, Wilmington; and James D. Fiffer and Lisa S. Simmons (argued), of Wildman, Harrold, Allen & Dixon, Chicago, IL, for Appellant.

Michael F. Duggan, of Warren B. Burt & Associates, Wilmington, for Appellee.

Before VEASEY, C.J., WALSH, HOLLAND, HARTNETT and BERGER, JJ., constituting the Court en Banc.


VEASEY, Chief Justice:

In this appeal we focus on the correctness of the grant of summary judgment in a contract dispute over the interpretation of an indemnification provision. In granting summary judgment, the Court of Chancery found the contract provision to be unambiguous. We disagree and hold that the indemnification provision is ambiguous, thus raising factual issues requiring consideration of extrinsic evidence to...

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