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· 3/17/1944

People v. McDonagh

Citations

  • 267 A.D. 890
  • 47 N.Y.S.2d 591
  • 1944 N.Y. App. Div. LEXIS 5351

How courts have described this case

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

  • noting that the meaning of -an unambiguous provision should “be gleaned from the face of the instrument”
  • stating that the interpretation of an unambiguous contract provision is a question of law for the court
  • proper inquiry in determining whether contract is ambiguous is whether agreement on its face is reasonably susceptible of more than one inteipretation
  • to determine if ambiguity exists in contract court must determine “whether the agreement on its face is reasonably susceptible of more than one interpretation”
  • “[R]eformation based upon mistake is not available where the parties purposely contract based upon uncertain or contingent events.”
  • “As to mutual mistake, Paul sets forth no basis for his contention that both parties reached an agreement other than that contained in the writing.”

Source: CourtListener parenthetical corpus (CC0).

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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.