· 3/31/1980
Mellon Bank, N.A. v. Aetna Business Credit, Inc.
Citations
- 619 F.2d 1001
- 1980 U.S. App. LEXIS 19061
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that a court’s determination that a contract term is clear or ambiguous is a matter of law
- stating that where, as here, writings are ambiguous, they are “to be interpreted by the fact finder. . . .”
- stating that where, as here, a writing is ambiguous, it is “to be interpreted by the fact finder. . . .”
- asserting that “Pennsylvania cases dealing with the burden of proving a condition precedent [ ] suggest that the burden of proof to establish the condition is on the party alleging the breach”
- noting that “the words [that parties] use in their written contract” govern
- rejecting extrinsic evidence that showed that one party to a disputed contract thought it bore some risk of borrower's default as insufficient to vary the clear meaning of the term \insolvent\ as used in the contract
Source: CourtListener parenthetical corpus (CC0).
Judges: Aldisert, Hunter, Cahn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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