CASPER v. METAL TRADES, INC.

No. 78-1504.

604 F.2d 299 (1979)

Israel CASPER, Individually and d/b/a Abby Sales, Appellant, v. METAL TRADES, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 9, 1979.


Attorney(s) appearing for the Case

Beril M. Abraham, Virginia Beach, Va., for appellant.

T. E. Pedersen, Charleston, S. C., for appellee.

Before WIDENER and HALL, Circuit Judges, and WARRINER, District Judge.


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...

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