· 3/3/2004
Scs Communications, Inc. And Stephen C. Swid, Appellants-Cross-Appellees v. The Herrick Company, Inc. And Norton Herrick, Appellees-Cross-Appellants
Citations
- 360 F.3d 329
- 2004 U.S. App. LEXIS 4068
- 2004 WL 386591
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a condition was precedent to performance because the contract language did not explicitly state that it was precedent to formation
- holding that a condition was precedent to performance because the contract language did not explicitly state that it was precedent to formation
- recounting that Oppenheimer \[found] that a letter agreement contained an express condition precedent to contract formation where the agreement provided that the contract would be 'null and void' unless the condition was fulfilled\
- “[UJnder Fed. R.Civ.P. 15(a), leave to amend a pleading may only be given when factors such as undue delay or undue prejudice to the opposing party are absent.”
- “The requisite degree of joint control is located in the contract requirement that all acquisition and financing terms would require approval by each party.”
- “[L]eave to amend a pleading may only be given when factors such as undue delay or undue prejudice to the opposing party are absent.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jacobs, Pooler, Hall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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