Batista v. Walter & Bernstein

How courts have described this case

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

• failing to move for a continuance due to surprise from change in opponent’s theory precludes claiming prejudice on appeal
• \greater weight of evidence\ test must be applied to establish existence of oral contract
• remedy for \surprise\ is continuance, not disregard of newly raised issue

Source: CourtListener parenthetical corpus (CC0).