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1
* = opinion written by Cardozo.
If an agreement is so uncertain &
ambiguous that the ct. is unable to
collect from it what the parties
intended the ct. cannot enforce it, &
since there is no obligation there is
Bluemner v. Garvin United Press Court
no K. If the offer in a case is so
indefinite that it is impossible for
the ct. to decide what it means &
fix the legal liability of the parties it
isn’t enforceable.
Moran v. Standard Oil Co* (1914,
Cardozo’s first decision)
1) No K b/c too indefinite.
2) Limits holding of UPI- says UPI
was not intended to say that K was
unenforceable unless prince was
expressly mentioned & determined.
3) If agreement is vague &
1 )UPI 1) indefinite parole proof c/n be
2) UPI 2) Court resorted to.
3) UPI 3) Court 4) Vague & indefinite K’s cannot
Varney v. Ditmars^2 4) Bluemner v. 4) Court be enforced.
Garvin 5) Court 5) UPI doesn’t prevent a recovery
5) UPI 6) Dissent upon quantum meriut in case one
6)UPI (Cardozo) party to an alleged K has performed
in reliance upon the terms thereof,
vague, indefinite, & uncertain
though they are.
6) Here there was an intent to be
bound so the court should not have
relied on UPI.
Rubber Trading Co. v. Manhattan Rubber
Manufacturing Co. *
2
^ = Cardozo dissented.
1) The agreement is not binding
for lack of mutuality and
consideration.
2) A promise may be lacking and
1) Moran 1) yet the whole writing may be
Wood v. Lucy, Lady Duff Gordon *
2) Moran 2) Court instinct w/an obligation
imperfectly expressed. If this is so
there is a K.- Here because of the
intentions of the parties the
promise has value.
Schlegal I (Oscar Schlegal
Manufacturing Co. v. Peter Cooper’s
Glue Refinery)
The promise, if uncertain, should
be taken in the sense “in which the
United States Rubber Co. v. Silverstein * Moran Court
promisor had reasons to suppose it
was understood by the promisee.”