· 12/16/2004
Baldwin Piano, Inc. v. Deutsche Wurlitzer Gmbh
Citations
- 392 F.3d 881
- 73 U.S.P.Q. 2d (BNA) 1375
- 2004 U.S. App. LEXIS 26127
- 2004 WL 2904311
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the presumption stands “unless the parties clearly provide otherwise,” and describing Jespersen as articulating a “clear-statement rule[]”
- holding that specific language of the contract placed “substantive restrictions” on the “reasons for termination” of the agreement between the parties
- “The presumption of terminability allows separation in the business world, unless the parties clearly provide otherwise.”
- “Because these long-term rela- tions produce continuing profits for both sides, both have something to lose by taking the exit option without trying to work out differences first.”
- “Businesses are not compelled to make sensible bargains, but courts should not demolish the economic basis of bargains that would be sound if the contract were given a natural reading.”
- “To interpret a contract or other document, it is not enough to have a command of the ... language in which the document is written. One must know something about the practical ... context of the language to be interpreted.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Easterbrook, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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