Farwell Construction Co. v. Ticktin

How courts have described this case

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

• significant differences in the amount sought versus the amount awarded indicate that the amount was not easily ascertainable
• real estate sales contract qualifies as “instrument of writing” under statute, so interest may be awarded if damages could be determined with sufficient pre- cision
• denial of interest was not abuse of discretion where “contract price was sharply disputed” and market value “was also disputable”
• denial of interest was not abuse of discretion where “contract price was sharply disputed” and market value “was also disputable”
• real estate sales contract qualifies as “instrument of writing” under statute, so interest may be awarded if damages could be determined with sufficient pre- cision
• contra proferentem is a “last resort” rule of contract construction employed only where the court cannot ascertain the meaning of contract provisions under any other interpretive approach

Source: CourtListener parenthetical corpus (CC0).