Tokarski v. Siedlikowski

How courts have described this case

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

• explaining that the defense requires “proof of each element requisite to the formulation of a contract”
• fact that defendant paid bills charging higher rate did not demonstrate mutual assent to higher rate
• absence of intent and other requirements prevented a finding that lease had been modified to increase lessee’s steam cost liability
• “Fundamental to the establishment of a contract modification is proof of each element requisite to the formulation of a contract, including mutual assent to its terms.”
• “The modification of a contract results in the establishment of a new agreement between the parties which pro tanto supplants the affected provisions of the original agreement while leaving the balance of it intact.”
• “The modification of a contract results in the establishment of a new agreement between the parties which pro tanto supplants the affected provisions of the original agreement while leaving the balance of it intact.”

Source: CourtListener parenthetical corpus (CC0).