· 10/28/1983
National Tea Co. v. Commerce & Industry Insurance
Citations
- 456 N.E.2d 206
- 119 Ill. App. 3d 195
- 74 Ill. Dec. 704
- 1983 Ill. App. LEXIS 2458
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that \only if the contract is ambiguous and the extrinsic facts necessary to determine the parties' interpretation thereof are in controversy should the question of interpretation [of the contract] be left to a jury\
- stating that a jury should not be required to interpret a contract \without guidance from the court in the form of an instruction stating what conclusion must be reached if the jury finds certain facts to exist\
- stating that “only if the contract is ambiguous and the extrinsic facts necessary to determine the parties’ interpretation thereof are in controversy should the question of interpretation [of the contract] be left to a jury”
- stating that a jury should not be required to interpret a contract “without guidance from the court in the form of an instruction stating what conclusion must be reached if the jury finds certain facts to exist”
- “where waiver is implied from conduct, the act relied upon must be clear, unequivocal and decisive”
- should avoid unduly highlighting certain evidence in jury instructions
Source: CourtListener parenthetical corpus (CC0).
Judges: Sullivan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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