· 8/25/2008
Western Filter Corp. v. Argan, Inc.
Citations
- 540 F.3d 947
- 2008 U.S. App. LEXIS 18147
- 2008 WL 3891577
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the trial court erred in finding that a survival clause created a shortened statute of limitations
- noting that under California law, a contractual limitation “must be clear and explicit, and is to be strictly construed against the party invoking the provision”
- noting contractual stipulations to shorten limitations periods are disfavored and “should be construed with strictness against the party invoking them”
- “If, prior to closing, either the seller or buyer discovers that a representation or warranty made by the other party is not true, they have grounds for backing out of the deal.”
Source: CourtListener parenthetical corpus (CC0).
Judges: O'Scannlain, Tallman, Singleton
Read full opinion on CourtListenerSourced 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.