· 9/29/1944
Protest 82367-K of McKesson
Citations
- 13 Cust. Ct. 290
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- where, as in this case, the agreement is ambiguous and there is disputed extrinsic evidence relevant to that ambiguity, summary judgment is improper
- “If a contract’s provisions are internally inconsistent regarding a subject, then the contract is ambiguous regarding that subject.”
- a contract provision is ambiguous if it is susceptible to more than one “plausible” interpretation
- “In an appeal from a judgment involving cross-motions for summary judgment, both motions are subject to review if the parties have assigned error to the trial court’s rulings on them.”
- “[I]n applying our usual principles of contract interpretation to an arbitration provision, we resort to the general policy in favor of arbitration only when a contract is ambiguous and there is no extrinsic evidence of the parties’ intent.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Keefe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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