Elliott & Frantz, Inc. v. Ingersoll-Rand Co.

How courts have described this case

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

• holding failure to raise affirmative defense or appropriate motion generally results in the waiver of that defense
• holding under New Jersey law that unconscionability must be evaluated at the time the contract was executed
• noting that the defendant’s counterclaim was immaterial on appeal from a judgment on the underlying complaint because the counterclaim was still pending before the trial court
• “Under New Jersey law, parties to an existing contract, by mutual assent, may modify their contract. . . .”
• “[I]ntention to modify [must be] mutual and clear.” (quoting County of Morris v. Fauver, 707 A.2d 958, 967 (N.J. 1998) (internal quotation omitted))
• “[Ujnilateral statements or actions made after an agreement has been reached or added to a completed agreement clearly do not serve to modify the original terms of a contract.” (internal quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).