Batzer Construction, Inc. v. John Boyer

How courts have described this case

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

• concluding that a trial court may “consider the circumstances underlying the formation of a contract to determine whether a particular contractual provision is ambiguous”
• noting that, at Yogman’s second level, courts can consider extrinsic evidence “to explain an ambiguity, intrinsic or extrinsic. ORS 41.740.”
• stating that the court may con- sider at the first step of contract interpretation extrinsic evi- dence regarding the formation of the contract
• stating that the court may con- sider at the first step extrinsic evidence regarding the formation of the contract
• explaining that the rule from Abercrombie, that circumstances may be considered to determine whether a term is ambiguous, has not been overruled or modified by the legislature
• noting that, to deter- mine whether a provision is ambiguous, the trial court may consider the text in light of the circumstances underlying the formation of the contract

Source: CourtListener parenthetical corpus (CC0).