dissenting.
The dispute in this case turns on whether the pricing provisions in a gas purchase contract are ambiguous. Both Columbia Gas and New Ulm Gas moved for summary judgment, each asserting that its interpretation of the contract is correct and that the other’s is unreasonable. The trial court concluded that the contract is ambiguous and submitted the question of its proper construction to the jury. Considering conflicting evidence, the jury agreed with New Ulm’s interpretation and awarded $5,690,755 in damages to New Ulm. A unanimous panel of the court of appeals agreed that the contract is ambiguous and held that the trial court properly submitted the issue to the jury. 886 S.W.2d 294. Nonetheless, a majority of this Court today reverses and renders for Columbia on this issue. 940 S.W.2d 587. I disagree.
A contract is ambiguous when its meaning is uncertain or it is reasonably susceptible to more than one interpretation. See Exxon Corp. v. West Tex. Gathering Co., 868 S.W.2d 299, 302 (Tex.1998) (citing Coker v. Coker, 650 S.W.2d 391, 393 (Tex.1983)); Criswell v. European Crossroads Shopping Ctr., 792 S.W.2d 945, 950-51 (Tex.1990) (Gonzalez, J., concurring and dissenting). In the case before us, it is unclear whether section 3.1.1 can be used to determine pricing after section 3.1.3 is invoked, and the language in question is reasonably susceptible to more than one meaning. Thus, for the reasons stated in the court of appeals’ opinion, I would affirm the judgment of the court of appeals.