Gilmore v. Century Bank & Trust Co.

How courts have described this case

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

• noting also that, in addition to “the formal factors that connect the two agreements, ... we lay stress on the sense of the thing”
• considering factors such as simultaneity of execution, identity of subject matter and parties, cross- referencing and interdependency of provisions
• factors to consider include “simultaneity of execution, identity of subject matter and parties, cross-referencing and interdependency of provisions”
• damages not speculative where jury is provided with formula for ascertaining plaintiffs loss
• whether two instruments derive from “same transaction” is question of fact for court, to be determined by “such factors as simultaneity of execution, identity of subject matter and parties, cross referencing, and interdependency of provisions”
• deriving intent of contracting parties from contract terms and setting

Source: CourtListener parenthetical corpus (CC0).