Purcell v. International Motor Co.

How courts have described this case

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

• “[I]n analyzing contractual text, a court need not turn a blind eye to context.” (citation omitted)
• “For a course of performance to demonstrate mutual assent to a modification, it must be unequivocally referable to the modification.”
• “Under New York law, it is [f]undamental to the establishment of a contract modification [that] proof of each element requisite to the formulation of a contract be shown.”
• “Generally, summary judgment is appropriate in a contract dispute only where the contract’s terms are unambiguous, whereas ‘interpretation of ambiguous contract language is a question of fact to be resolved by the factfinder.’”
• “Under New York law, it is fundamental to the establishment of a contract modification that proof of each element requisite to the formulation of a contract be shown. This includes mutual assent to the contract’s terms.” (alterations and internal quotation marks omitted
• collecting New York cases on the issue

Source: CourtListener parenthetical corpus (CC0).