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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.