AyrCom Contractors, Inc. v. U.S. West Communications, Inc.,
1995 Minn. App. LEXIS 981 (Minn. Ct. App. Aug. 1, 1995)
Contract which contained two unit prices for laying cable in rock was ambiguous and court admitted extrinsic evidence regarding the meaning of the ambiguous provisions. Evidence regarding the contractor’s profit or loss was not admissible because its relevance was outweighed by its substantial prejudice regarding the meaning of an ambiguous contract provision. A state’s requirement of a “certificate of authority” to conduct business in the state as a prerequisite to maintaining an action was not a requirement for subject matter jurisdiction, but rather was related to a party’s capacity to sue and, therefore, was waived if not raised timely.
Continue Reading Minnesota Court of Appeals Holds Evidence of Contractors Profit Inadmissible in Dispute Concerning Proper Unit Price to Apply to Excavation Work Through Rock