· 4/27/1953
Atlantic Northern Airlines, Inc. v. Schwimmer
Citations
- 96 A.2d 652
- 12 N.J. 293
- 1953 N.J. LEXIS 245
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that, under New Jersey law, extrinsic evidence is always admissible to aid in interpreting contracts
- noting a trial court is permitted to rely on extrinsic evidence to aid in its interpretation of a document even when the document is not ambiguous on its face
- explaining that “parol evidence rule purports to exclude testimony only when it is offered for the purpose of varying or contradicting terms of an integrated contract; it does not purport to exclude evidence offered for the purpose of interpreting and giving a meaning to those terms”
- evidence of circumstances always admissible in interpretation of integrated contract, even where contract free on its face from ambiguity
- “the polestar of construction is the intention of the parties as revealed by the language used”
- “Language is only too often an imperfect and uncertain means of communicating ideas and concepts.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Heher, Oliphant, Wachenfeld, Burling, Jacobs, Brennan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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