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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.