CONTRACT AMBIGUITY AS DEFENSE
When asserting ambiguity as an
affirmative defense, the pleading must set out the alleged ambiguous portion of
the contract and the meaning or construction relied on by the party asserting
ambiguity. See World Help v. Leisure Lifestyles, Inc., 977 S.W.2d 662, 680
(Tex. App.-Fort Worth 1998, pet. denied).
SOURCE: DALLAS COURT OF APPEALS - No. 05-11-01536-CV - 6/7/2013
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