BANK v. TRUCK INS. EXCHANGE

No. 94-2492.

51 F.3d 736 (1995)

Cole Taylor BANK, Plaintiff-Appellee, v. TRUCK INSURANCE EXCHANGE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 5, 1995.


Attorney(s) appearing for the Case

David C. Roston (argued), John W. Morrison, Daniel H. Fogel, Altheimer & Gray, Chicago, IL, for plaintiff-appellee.

William J. Sneckenberg, Benjamin E. Alba (argued), John W. Billhorn, Sneckenberg & Associates, Chicago, IL, for defendant-appellant.

Before POSNER, Chief Judge, and BAUER and RIPPLE, Circuit Judges.


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...

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