Well Luck Co., Inc. v. FC GERLACH & CO. INC.

How courts have described this case

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

• observing that under New York law, “[e]vidence of a prior course of dealing can thus establish a party’s awareness of and consent to intended contractual terms”
• stating that “[although the existence of a prior course of dealing between contracting parties is generally a factual issue, where one party fails to contest the material facts of its prior course of dealing, a court may find that a course of dealing existed as a matter of law”
• evidence that parties conducted over 150 transactions involving invoice containing copy of terms and conditions of service, including limitation of liability provision, was legally sufficient to establish a course of dealing between parties limiting defendant’s liability to $50

Source: CourtListener parenthetical corpus (CC0).