Legal Opinion · Concurring in the judgment

Federal Deposit Insurance Corp. v. Fisher

Supreme Court of Colorado

Decided January 22, 2013No. 10SC762Published

1Concurring in the judgmentJustice Eid

{15 I agree with the majority that Fisher's fraud and contractual good faith and fair dealing claims fail, but reach that conclusion on grounds other than those cited by the majority. I therefore concur only in the result it reaches.

{16 The majority concludes that it need not reach the question of whether CASOF bars the extrinsic evidence offered by Fisher to support his claims 1 because the contract at issue here unambiguously adopts a 86 percent default interest rate, and therefore the extrinsic evidence would be barred under general principles of contract interpretation. Maj. op. 111. The…

2Cases cited7 opinions

  1. Amoco Oil Co. v. ErvinSupreme Court of Colorado · 1996
  2. Brody v. BockSupreme Court of Colorado · 1995
  3. Premier Farm Credit, PCA v. W-CATTLE, LLCColorado Court of Appeals · 2006
  4. Kopeikin v. Merchants Mortgage & Trust Corp.Supreme Court of Colorado · 1984
  5. Maryland Casualty Co. v. Buckeye Gas Products Co.Supreme Court of Colorado · 1990

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API