Legal Opinion
Israel Casper, Individually and D/B/A Abby Sales v. Metal Trades, Inc.
Court of Appeals for the Fourth Circuit
Decided August 9, 1979No. 78-1504PublishedCited by 1 opinion
1Opinion of the Court
K. K. HALL, Circuit Judge:
In this diversity action the central issue is whether the district court erred in taking extrinsic evidence to interpret the terms of a contract which the court deemed ambiguous.
The parties agree that South Carolina law controls the litigation. The writing at issue is a purchase order which contains conflicting typed and handwritten terms setting dates for delivery and disclaiming the seller’s liability for delivery delays. Plaintiff/appellant seller contends that these terms are unambiguous and the ad*300mission of extrinsic evidence to interpret their meaning violated…
2Cases cited5 opinions
- Nash v. TowneSupreme Court of the United States · 1867
- Farr v. Duke Power CompanySupreme Court of South Carolina · 1975
- Breedin v. SmithSupreme Court of South Carolina · 1923
- Julius Kayser & Co. v. Textron, IncorporatedCourt of Appeals for the Fourth Circuit · 1956
- Cooper & Griffin, Inc. v. W. C. Cooke & Co., Inc.Supreme Court of South Carolina · 1922
3Cited by1 opinion
- Israel Casper, Individually and D/B/A Abby Sales v. Metal Trades, Inc.Court of Appeals for the Fourth Circuit · 1979