Edmund J. Flynn Co. v. LaVay

How courts have described this case

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

• parties did not intend to be bound by preliminary oral representations where, among other things, a “written contract embodying the completed contract was contemplated”
• “subsequent negotiations about drafts of a written sales commission agreement reflect the parties’ intention not to be bound until a formal writing was executed”
• “[N]o sales commission contract was created because there never was any agreement on the material terms of compensation and termination.”
• no oral contract where “there [was] substantial evidence in the record that a binding written sales commission contract did not exist and that only preliminary negotiations were underway.”
• “[Subsequent negotiations about drafts of a written sales commission agreement reflect the parties’ intention not to be bound until a formal writing was executed.”
• no evidence of meeting of the minds: “Both parties agree that no formal sales commission agreement was signed. Since either party was at liberty to stop negotiations and not to complete the bargain, no contract existed.”

Source: CourtListener parenthetical corpus (CC0).