drafter is a secondary rule (Ohio) · Go Syfert
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drafter is a secondary rule in Ohio

7 Ohio opinions name it 1 courts 2017–2024 3 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Sutton Bank v. Progressive Polymers, L.L.C. (Slip Opinion)green
ohio · 2020 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024Co. v. Galatis, 2003-Ohio-5849 , ¶ 11-13; accord Sutton Bank v. Progressive Polymers, L.L.C., 2020-Ohio-5101, ¶ 15 (construing contract against the drafter is a secondary rule of construction employed when a contract is ambiguous).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Cadle v. D'Amico green
ohioctapp · 2016
2 sentences

2023Cadle v. D’Amico, 2016-Ohio-4747 , 66 N.E.3d 1184 , ¶ 33 (7th Dist.) (“Construing a contract against the drafter is a secondary rule of contract construction, and is applicable when the primary rules of contract construction * * * fail to clarify the meaning of the contract.”). {¶44} The determination of whether a contract is ambiguous is a question of law subject to de novo review on appeal.

2023Cadle v. D’Amico, 2016-Ohio-4747 , 66 N.E.3d 1184 , ¶ 33 (7th Dist.) (“Construing a contract against the drafter is a secondary rule of contract construction, and is applicable when the primary rules of contract construction * * * fail to clarify the meaning of the contract.”). {¶44} The determination of whether a contract is ambiguous is a question of law subject to de novo review on appeal.

62017–2023
Ohio Historical Society v. General Maintenance & Engineering Co. green
ohioctapp · 1989
2 sentences

2017Co. , 65 Ohio App.3d 139 , 146, 583 N.E.2d 340 (10th Dist.1989). {¶ 19} If parol evidence fails to clarify the meaning of the contract, then the contract is strictly construed against the drafter; interpreting the written instrument against the drafter is a secondary rule of contract construction.

2017Co. , 65 Ohio App.3d 139 , 146, 583 N.E.2d 340 (10th Dist.1989). {¶ 19} If parol evidence fails to clarify the meaning of the contract, then the contract is strictly construed against the drafter; interpreting the written instrument against the drafter is a secondary rule of contract construction.

22017–2017
Bond v. Halcon Energy Properties, Inc. green
ohioctapp · 2017
1 sentence

2023Bond v. Halcon Energy Properties, Inc., 7th Dist. Mahoning No. 15 MA 0178, 2017-Ohio-7754, ¶ 23-24 .

12023–2023
Pure Oil Co. v. Kindall green
ohio · 1927
2 sentences

2017"In case of doubt, it is said, the conveyance is to be construed most strongly as against the grantor, or in favor of the grantee on the theory, it seems, that the words used are to be regarded as the words of the grantor rather than of the grantee." Pure Oil Co. v. Kindall , 116 Ohio St. 188 , 202-203, 156 N.E. 119 (1927) (in cases where the contractual language is ambiguous and the drafter is unknown). {¶ 20} The sole issue is whether any mineral interest was conveyed to the grantee in the 1966 general warranty deed.

2017"In case of doubt, it is said, the conveyance is to be construed most strongly as against the grantor, or in favor of the grantee on the theory, it seems, that the words used are to be regarded as the words of the grantor rather than of the grantee." Pure Oil Co. v. Kindall , 116 Ohio St. 188 , 202-203, 156 N.E. 119 (1927) (in cases where the contractual language is ambiguous and the drafter is unknown). {¶ 20} The sole issue is whether any mineral interest was conveyed to the grantee in the 1966 general warranty deed.

12017–2017
Envision Waste Servs., L.L.C. v. Medina green
ohioctapp · 2017
2 sentences

2017Cadle v. D'Amico , 2016-Ohio-4747 , 66 N.E.3d 1184 , ¶ 33 (7th Dist.) ("Construing a contract against the drafter is a secondary rule of contract construction, and is applicable when the primary rules of contract construction * * * fail to clarify the meaning of the contract."); Envision Waste Services, LLC v. County of Medina , 2017-Ohio-351 , 83 N.E.3d 270 , ¶ 15.

2017Cadle v. D'Amico , 2016-Ohio-4747 , 66 N.E.3d 1184 , ¶ 33 (7th Dist.) ("Construing a contract against the drafter is a secondary rule of contract construction, and is applicable when the primary rules of contract construction * * * fail to clarify the meaning of the contract."); Envision Waste Services, LLC v. County of Medina , 2017-Ohio-351 , 83 N.E.3d 270 , ¶ 15.

12017–2017

Where else courts name it

OH 7 (2017–2024) FL 3 (2013–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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