Legal Opinion

Adjustrite Systems, Inc., Stuart J. Orr, and Lu Elliott v. Gab Business Services, Inc. And Intermodal Technical Systems, Inc.

Court of Appeals for the Second Circuit

Decided May 29, 1998No. 334, Docket 96-9715PublishedCited by 153 opinions

1Opinion of the Court

CHIN, District Judge:

In this ease, the parties agreed to the transfer of some $1 million in assets and signed an informal two-page document to memorialize their agreement. The two-page document, however, provided for the execution of a “sales agreement contract” as well as other agreements. These additional agreements were never executed.

The issue thus presented is whether, by signing the two-page document, the parties entered into a binding contract or whether they merely signed an unenforceable agreement to agree. The district court held that the parties’ preliminary agreement was an…

2Cases cited12 opinions

  1. R.G. Group, Inc., and R.G. Restaurant Associates v. The Horn & Hardart Company, and Bojangles' of America, Inc.Court of Appeals for the Second Circuit · 1984
  2. Robert J. Rule v. Brine, Inc., Also Known as W.H. Brine Company, and William H. Brine, Jr.Court of Appeals for the Second Circuit · 1996
  3. Mary Ellen Winston v. Mediafare Entertainment Corporation, Gallavants, Inc., and Ralph SmithCourt of Appeals for the Second Circuit · 1986
  4. Teachers Insurance & Annuity Ass'n of America v. Tribune Co.District Court, S.D. New York · 1987
  5. Arcadian Phosphates, Inc., Judas Azuelos, and Eli Sivan v. Arcadian CorporationCourt of Appeals for the Second Circuit · 1989

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3Cited by153 opinions

  1. L-7 Designs, Inc. v. Old Navy, LLCCourt of Appeals for the Second Circuit · 2011
  2. Pepsico, Inc. v. The Coca-Cola CompanyCourt of Appeals for the Second Circuit · 2002
  3. Burbach Broadcasting Company of Delaware v. Elkins Radio Corporation Cat Radio IncorporatedCourt of Appeals for the Fourth Circuit · 2002
  4. Higazy v. TempletonCourt of Appeals for the Second Circuit · 2007
  5. Tractebel Energy Marketing, Inc. v. AEP Power Marketing, Inc.Court of Appeals for the Second Circuit · 2007

148 more not listed; retrieve them via the Exa API.

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