Scribd Logo
Upload

Welcome to Scribd!

  • Daka, Inc. v. Service America, 1st Cir. (1998)

    Uploaded by

    Scribd Government Docs
    7 views3 pages
    The US Court of Appeals reviewed a district court decision in a contract dispute between Daka, Inc. and Service America Corporation. The appellate court found that the Letter Agreement between the parties unambiguously provided that SAC would pay Daka the unamortized balance of startup costs if their contract was terminated early. However, the Letter Agreement was ambiguous as to how that unamortized balance should be calculated. The district court provided a reasonable calculation method using a 360-day year that the appellate court affirmed. The appellate court upheld the district court's interpretation of the contract and calculation of damages.

    Original Description:

    Filed: 1998-06-19 Precedential Status: Precedential Docket: 97-2114

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The US Court of Appeals reviewed a district court decision in a contract dispute between Daka, Inc. and Service America Corporation. The appellate court found that the Letter Agreement between the parties unambiguously provided that SAC would pay Daka the unamortized balance of startup costs if their contract was terminated early. However, the Letter Agreement was ambiguous as to how that unamortized balance should be calculated. The district court provided a reasonable calculation method using a 360-day year that the appellate court affirmed. The appellate court upheld the district court's interpretation of the contract and calculation of damages.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    7 views3 pages

    Daka, Inc. v. Service America, 1st Cir. (1998)

    Uploaded by

    Scribd Government Docs
    The US Court of Appeals reviewed a district court decision in a contract dispute between Daka, Inc. and Service America Corporation. The appellate court found that the Letter Agreement between the parties unambiguously provided that SAC would pay Daka the unamortized balance of startup costs if their contract was terminated early. However, the Letter Agreement was ambiguous as to how that unamortized balance should be calculated. The district court provided a reasonable calculation method using a 360-day year that the appellate court affirmed. The appellate court upheld the district court's interpretation of the contract and calculation of damages.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 3

    USCA1 Opinion

    [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

    United States Court of Appeals


    For the First Circuit
    ____________________

    No. 97-2114

    DAKA, INC.,

    Plaintiff - Appellee,

    v.

    SERVICE AMERICA CORPORATION,

    Defendant - Appellant.

    ____________________

    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF MASSACHUSETTS

    [Hon. Nancy J. Gertner, U.S. District Judge]

    ____________________

    Before

    Torruella, Chief Judge,

    Selya and Stahl, Circuit Judges.

    _____________________

    Samuel D. Rosen, with whom Paul, Hastings, Janofsky & Walker LLP, John

    Jeffrey B. Loeb, with whom Amy C. Cashore and Ardiff & Morse, P.C. were

    ____________________

    June 18, 1998


    ____________________

    Per Curiam.

    On or about July

    The Letter Agreement was created because Daka and SAC both recogn

    On May 10, 1995, the University of Florida terminated its contrac

    The Letter Agreement states that "[t]he unamortized balance of su


    Despite the fact that the agreement provides that the guide "shall be
    Because the "guide" only specifies the Additional Protection required

    This interpretation is the most logical interpretation of the Letter A

    We conclude that the Letter Agreement clearly and unambiguously provid

    One point that is ambiguous in the Letter Agreement is the manner in w

    The district court explained that, since the guide provides for $60,94

    The use of 360 as the denominator of the fraction in this equation has

    However, in the end, the length of year used in the calculation of the

    Thus, after careful consideration of the record, briefs and argument i

    You might also like