About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

Case Citations [i] (2016)

handle is hein.ali/contract0183 and id is 1 raw text is: 





                                     CONTRACTS





  Generally

  C.A.2, 2016. Cit. generally in case cit. in disc. In a dispute between corporation and son of corporation's
  now-deceased former principal over a lease and an oral joint-venture agreement related to corporation's
  real property, this court affirmed the district court's ruling that the lease was void, and that the fully
  integrated lease discharged the oral agreement, holding that an integration clause in a contract that was
  void for lack of consideration, but was otherwise valid, still precluded evidence of prior agreement
  within the scope of that integration clause. The court noted that the Pennsylvania Supreme Court
  generally had historically looked to the Restatement of Contracts in shaping the parameters of
  Pennsylvania's parol-evidence rule. Alphonse Hotel Corporation v. Tran, 828 F.3d 146, 158.

  S.D.Tex.2015. Cit. generally in cases cit. in sup. In a breach-of-contract action brought by oil-and-gas
  company  against joint venture and joint venturers-a marine-services company and a limited-liability
  company-this  court denied marine-services company's motion for summary judgment, holding that
  marine-services company was liable under the parties' contract because it signed individually, rather
  than solely on behalf of joint venture. In making its decision, the court noted that, in admiralty and
  federal common-law actions, it looked to the Restatement of Contracts and the Restatement Second of
  Contracts for guidance on contract issues. BP Exploration & Production Inc. v. Cashman Equipment
  Corp., 132 F.Supp.3d 876, 884.



                   CHAPTER 3. FORMATION OF INFORMAL CONTRACTS

                            TOPIC   2. MANIFESTATION OF ASSENT

  § 26. Existence of Contract Where Written Memorial  is Contemplated

  Utah App.2016. Com.  (a) quot. in case cit. and quot. in sup. Homeowners moved to enforce a
  settlement agreement that they purportedly entered into with swimming-pool installer, among others.
  The trial court found that the term sheet drafted during the parties' settlement negotiations amounted to a
  binding settlement agreement. Reversing, this court held that the term sheet was ambiguous on its face,
  and extrinsic evidence did not reveal that there was a meeting of the minds regarding the purported
  settlement agreement. Citing Restatement of Contracts § 26, Comment a, the court explained that,
  where, as here, the evidence revealed that the parties agreed to delay signing the agreement until it could
  be drafted and so that some of the terms could be discussed with an attorney, the agreement was not
  enforceable. Lebrecht v. Deep Blue Pools and Spas Inc., 374 P.3d 1064, 1072.



                      TOPIC  3. CONSIDERATION AND ITS SUFFICIENCY




T  A L   For   earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most