Swiss Bank Corporation and O'COnnOr Investments v. Dresser Industries, Inc.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Chief Judge.
The plaintiff, Swiss Bank, appeals from the dismissal on the pleadings of its suit for breach of contract against Dresser Industries. The basis for federal jurisdiction is diversity of citizenship, the governing law is that of Delaware by virtue of the choice of law provision in the contract, and the principal question that we are asked to decide is whether when performance of a contract is due on a legal holiday the performing party is entitled to defer performance until the first working day after the holiday.
The contract, dated April 5, 1991, is a warrant to purchase…
2Cases cited28 opinions
- United California Bank v. Prudential Insurance Co. of AmericaCourt of Appeals of Arizona · 1983
- Hartford Accident & Indemnity Co. v. Scarlett Harbor Associates Ltd. PartnershipCourt of Special Appeals of Maryland · 1996
- Hartford Accident & Indemnity Co. v. Scarlett Harbor Associates Ltd. PartnershipCourt of Appeals of Maryland · 1997
- Dehahn v. InnesSupreme Judicial Court of Maine · 1976
- Sunshine Steak, Salad & Seafood, Inc. v. W. I. M. Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
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- In the Matter of Handy Andy Home Improvement Centers, Inc., Debtor-Appellee. Appeal of National Terminals CorporationCourt of Appeals for the Seventh Circuit · 1998
- Nelson v. Frank E. Best Inc.Court of Chancery of Delaware · 2000
- In Re Durability, Inc.United States Bankruptcy Court, N.D. Oklahoma · 2002
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