Supreme Court of Alabama

Miller Trucking, LLC v. Apac Mid-South, Inc.

January 11, 20132013 Ala. LEXIS 7

Summary

The Alabama Supreme Court reversed the circuit court's summary judgment in favor of APAC and remanded for further proceedings, holding that genuine issues of material fact exist regarding whether fuel‑price‑adjustment provisions were incorporated into the parties' contracts and whether equitable estoppel applies. The court noted that the 2007 hired‑truck agreement was not enforceable and that the parties’ course of dealing created ambiguity that must be resolved at trial.