· 9/1/1989
Arcadian Phosphates, Inc., Judas Azuelos, and Eli Sivan v. Arcadian Corporation
Citations
- 884 F.2d 69
- 1989 U.S. App. LEXIS 13650
- 1989 WL 102201
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[t]he language of the [writing] . . . shows that [the parties] did not intend to be bound.”
- holding that, despite “considerable partial performance,” there was no contract where the parties had clearly manifested an intent not to be bound absent a final written agreement
- holding “reference to a binding sales agreement to be completed at some future date” is evidence of a present intent not to be bound
- finding that where neither party negotiated for language stating a clear commitment, neither party evidenced an intent to be bound by its terms
- noting that a “factual question arises when intent cannot be determined from [the relevant] agreement”
- holding “reference to a binding sales agreement to be completed at some future date” is evidence of a present intent not to be bound
Source: CourtListener parenthetical corpus (CC0).
Judges: Oakes, Van Graafeiland Pratt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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