all - Opinion Summaries

GLEASON v. NORWEST MORTGAGE, INC.

Contracts
Without a price, terms, or conditions, a right of first refusal creates a dormant right of preemption, the right to receive an offer before others do,...

BERTHOLD TYPES, LTD. v. ADOBE SYS., INC.

Civil Procedure, Contracts
Court may either treat a Rule 12(b)(6) motion as a motion for summary judgment if the judge considers matters outside the complaint, or not do so and...

OSTLER v. CODMAN RESEARCH GROUP, INC.

Contracts
Where a party accepts the benefit of an extension of time in which to exercise options, he is later estopped from arguing that the extension was...

ADRIA INT'L GROUP, INC. v. FERRE DEV., INC.

Contracts
Where a condition precedent is not entirely within the promising party's control, such as the attempt to secure financing, and by nature includes a...

RICH PRODS. CORP. v. KEMUTEC INC.

Commercial Law, Contracts, Injury & Tort Law
Under the Wisconsin Economic Loss Doctrine, plaintiff lacked a cause of action in tort where, as a commercial party, it was free to apportion any risk...

ANDERSON MARKETING, INC. v. MAPLE CHASE CO.

Contracts
Where a company's agent signed a contract, mailed it, and then acted for six months in accordance with the agreement, a reasonable jury could find a...

HONEY DEW ASSOC., INC. v. M & K FOOD CORP.

Civil Procedure, Contracts
The party challenging the enforceability of a liquidated damages clause has the burden of proving that it is a penalty.

BETHANY PHARMACAL CO., INC. v. QVC, INC.

Contracts
Under Illinois law, since an agent cannot unilaterally create an apparent agency through her own words or conduct, agency is create when defendant...

GLENDALE FED. BANK, FSB v. US

Commercial Law, Contracts
For purposes of measuring the losses sustained by savings and loan institutions as a result of the government-s breach of contract in the 1980s,...

FRANCONIA ASSOC. v. US

Civil Procedure, Contracts
Congress' passage of the Emergency Low Income Housing Preservation Act of 1987, 42 USC 1472(c), constituted an actual breach, not merely a...