· 11/5/2004
National Tax Institute, Inc. v. Topnotch at Stowe Resort and Spa
Citations
- 388 F.3d 15
- 65 Fed. R. Serv. 936
- 2004 U.S. App. LEXIS 23292
- 2004 WL 2494967
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Extrinsic evidence “includes proof of negotiations between the parties ... and general trade practice”
- construction against the drafter “has more force where the parties differ in sophistication or where standard forms are used”
- Construction against the drafter is “a default rule that arguably has more force where the parties differ in sophistication or where standard forms are used ... and should only be used, as a last resort, if other aids to construction leave the case in equipoise.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boudin, Selya, Howard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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