Legal Opinion
Cole Taylor Bank v. Truck Insurance Exchange
Court of Appeals for the Seventh Circuit
Decided April 5, 1995No. 94-2492PublishedCited by 37 opinions
1Opinion of the Court
POSNER, Chief Judge.
We are asked, in this diversity breach of contract case, to decide whether one of the parties waived one of its rights under the contract. Waiver is one of a multitude of contract doctrines that allow oral testimony to modify the terms of an apparently clear written contract. There is no more vexing question in contract law than when a written contract can be rewritten by oral testimony. “Always” is an unsatisfactory answer because it defeats one of the main purposes of written contracts, which is to protect a contracting party against the vagaries of juries. AM…
2Cases cited24 opinions
- Pacific Gas & Electric Co. v. G. W. Thomas Drayage & Rigging Co.California Supreme Court · 1968
- Mellon Bank, N.A. v. Aetna Business Credit, Inc.Court of Appeals for the Third Circuit · 1980
- Nedlloyd Lines B v. v. Superior CourtCalifornia Supreme Court · 1992
- Cabinetree of Wisconsin, Incorporated v. Kraftmaid Cabinetry, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
- Winet v. PriceCalifornia Court of Appeal · 1992
19 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Frank M. Rosetto, Individually and as Representatives of a Class of Similarly Situated Persons v. Pabst Brewing Company, Inc.Court of Appeals for the Seventh Circuit · 2000
- Eugene Pierce v. The Atchison, Topeka and Santa Fe Railway Co., D/B/A Santa Fe Railroad Co., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1995
- Edward H. Mathews, Individually and on Behalf of All Others Similarly Situated v. Sears Pension Plan and Sears, Roebuck & CompanyCourt of Appeals for the Seventh Circuit · 1998
- Dellwood Farms, Inc. v. Cargill, Inc.Court of Appeals for the Seventh Circuit · 1997
- Dugan v. Smerwick Sewerage Co.Court of Appeals for the Seventh Circuit · 1998
32 more not listed; retrieve them via the Exa API.