Schwinder v. Austin Bank of Chicago

How courts have described this case

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

• stating that “[e]very contract contains [an] implied promise of good faith and fair dealing between the contracting parties”
• noting that, in interpreting a contract, “[g]reat weight is to be given to the principal, apparent purpose and intention of the parties at the time that they entered into the contract”
• noting that a “modified contract is regarded as creating a new single contract consisting of so many of the terms of the prior contract as the parties have not agreed to change, in addition to the new terms on which they have agreed”
• interpreting similar provision limiting buyer’s remedies in the event of seller’s breach as applying only to breaches “due to circumstances beyond [the seller’s] control,” and affirming grant of specific performance to buyer
• modification of a contract is only enforceable where ordinary standards of contract law are satisfied
• modification of a contract is only enforceable where ordinary standards of contract law are satisfied

Source: CourtListener parenthetical corpus (CC0).