Donnay v. Boulware

How courts have described this case

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

• stating that course of dealings and conduct of the parties with regard to terms is persuasive evidence of their meaning
• stating that course of dealings and conduct of the parties with regard to terms is persuasive evidence of their meaning
• holding summary judgment “should be employed only where it is perfectly clear that no issue of fact is involved, and that it is not desirable nor necessary to inquire into facts which might clarify the application of the law”
• construction of ambiguous language of a contract is a question of fact where extrinsic evidence is received
• if a contract is ambiguous or reasonably susceptible to more than one meaning, extrinsic evidence admissible to “determine the meaning and intent of the parties”
• construction of ambiguous language is a determination of fact to be made after considering surrounding facts and circumstances

Source: CourtListener parenthetical corpus (CC0).