Peterson v. Wirum

How courts have described this case

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

• holding that contract language purporting to condition repayment of partner loans on receipt of financing from specific bank was not sufficiently unambiguous to constitute condition precedent
• holding contractual provision was not condition precedent because, inter alia, party’s conduct showed she did not consider provision necessary for performance
• holding that self-serving statements are not considered probative
• observing parties’ reasonable expectations when entering into contracts are not established by their subjective intent expressed during litigation, because “such self-serving statements are not considered to be probative”
• “Differences of opinion among the parties as to their subjective intent, expressed during the litigation ... are not considered to be probative.”
• condition precedent usually viewed with disfavor; to avoid forfeiture, ambiguous terms are construed as promises rather than conditions

Source: CourtListener parenthetical corpus (CC0).