Consarc Corporation v. Marine Midland Bank, N.A.

How courts have described this case

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

• explaining that these factors guide the fact-finder’s determination of the parties’ intention to be bound without a writing
• explaining that these factors guide the fact-finder’s determination of the parties’ intention to be bound without a writing
• holding, in a case involving disputed allegations as to whether oral statements aided in or created a binding contract, that contract formation was \a question of fact to be presented for resolution of the factfinder at trial\ (citations omitted)
• “[I]f the Court finds that the wording in the [documents] is ambiguous, then the finder of fact must determine how to interpret it.”
• “[W]e do not allow the admission of extrinsic or parol evidence in order to create an ambiguity.”
• “[E]xtrinsic evidence may not be used to create an ambiguity in an otherwise unambiguous agreement.”

Source: CourtListener parenthetical corpus (CC0).