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· 8/20/2009

APS Capital Corp. v. Mesa Air Group, Inc.

Citations

  • 580 F.3d 265
  • 2009 U.S. App. LEXIS 18743
  • 51 Bankr. Ct. Dec. (CRR) 276
  • 2009 WL 2526454

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “‘[A]n agreement is not enforceable unless it resolves all essential terms and leaves no material matters open for future negotiation.’”
  • “[W]here an agreement leaves essential terms open for future negotiations, it is not a binding contract but, rather, an unenforceable ‘agreement to agree.”
  • “[I]n a contract to loan money, the material terms will generally be: the amount to be loaned, maturity date of the loan, the interest rate, and the repayment terms.”
  • “When conceived in terms of legal enforcement, the principle is in a sense logically demanded, axiomatic: ‘In order to be legally binding, a contract must be sufficiently definite in its terms so that a court can understand what the promisor undertook.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Smith, Southwick

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.