latent ambiguity rule (Illinois) · Go Syfert
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latent ambiguity rule in Illinois

5 Illinois opinions name it 2 courts 1945–1979 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
GENERAL CASUALTY CO. OF WIS. v. Elamgreen
illappct · 1972 · cited in 2 Illinois opinions naming this issue, 1979–1979
2 sentences

1979See generally General Casualty Co. v. Elam (1972), 8 Ill.

1979Since we have determined, as a matter of law, that the term “sale” in this agreement is initially susceptible to both of these meanings, the latent ambiguity doctrine is applicable (see General Casualty Co. v. Elam (1972), 8 Ill.

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Queen Ins. Co. of America v. Meyer Milling Co. green
ca8 · 1930
2 sentences

1972However, the trial court permitted introduction of the evidence on the theory that plaintiff was not "proposing to make a change, he is proposing to show the interpretation at the time of the inception of the contract". • 4 Appellant, in his reply brief, cites Queens Insurance Co. of America v. Meyer Milling Co. (8th Cir.1930), 43 F.2d 885 , to illustrate the latent ambiguity doctrine.

1972Appellant, in his reply brief, cites Queens Insurance Co. of America v. Meyer Milling Co. (8th Cir. 1930), 43 F.2d 885 , to illustrate the latent ambiguity doctrine.

21972–1972
Cory v. Minton green
illappct · 1977
1 sentence

1979App. 3d 215 , 220-21, 289 N.E.2d 699 ), and parol evidence is necessarily admissible to demonstrate and explain the ambiguity (see Cory v. Minton (1977), 49 Ill.

11979–1979
Kurtz v. Hibner neutral
ill · 1870
1 sentence

1945(Kurtz v. Hibner, 55 Ill. 514 ; Bishop v. Morgan, 82 Ill. 351 ; Bingel v. Volz, 142 Ill. 214 ; Williams v. Williams, 189 Ill. 500 ; Vestal v. Garrett, 197 Ill. 398 ; Lomax v. Lomax, 218 Ill. 629 ; Graves v. Rose, 246 Ill. 76 .) When, however, there is a latent ambiguity in a description of the object or subject of the gift, and such ambiguity can be removed by rejecting false words, leaving a complete, independent description, it is the duty of the court to do so, and where there are two descriptions, one good and one bad, the authorities are uniform to the effect that the latter may be reject

11945–1945
Bishop v. Morgan green
ill · 1876
1 sentence

1945(Kurtz v. Hibner, 55 Ill. 514 ; Bishop v. Morgan, 82 Ill. 351 ; Bingel v. Volz, 142 Ill. 214 ; Williams v. Williams, 189 Ill. 500 ; Vestal v. Garrett, 197 Ill. 398 ; Lomax v. Lomax, 218 Ill. 629 ; Graves v. Rose, 246 Ill. 76 .) When, however, there is a latent ambiguity in a description of the object or subject of the gift, and such ambiguity can be removed by rejecting false words, leaving a complete, independent description, it is the duty of the court to do so, and where there are two descriptions, one good and one bad, the authorities are uniform to the effect that the latter may be reject

11945–1945
Bingel v. Volz green
ill · 1892
1 sentence

1945(Kurtz v. Hibner, 55 Ill. 514 ; Bishop v. Morgan, 82 Ill. 351 ; Bingel v. Volz, 142 Ill. 214 ; Williams v. Williams, 189 Ill. 500 ; Vestal v. Garrett, 197 Ill. 398 ; Lomax v. Lomax, 218 Ill. 629 ; Graves v. Rose, 246 Ill. 76 .) When, however, there is a latent ambiguity in a description of the object or subject of the gift, and such ambiguity can be removed by rejecting false words, leaving a complete, independent description, it is the duty of the court to do so, and where there are two descriptions, one good and one bad, the authorities are uniform to the effect that the latter may be reject

11945–1945
Williams v. Williams neutral
ill · 1901
1 sentence

1945(Kurtz v. Hibner, 55 Ill. 514 ; Bishop v. Morgan, 82 Ill. 351 ; Bingel v. Volz, 142 Ill. 214 ; Williams v. Williams, 189 Ill. 500 ; Vestal v. Garrett, 197 Ill. 398 ; Lomax v. Lomax, 218 Ill. 629 ; Graves v. Rose, 246 Ill. 76 .) When, however, there is a latent ambiguity in a description of the object or subject of the gift, and such ambiguity can be removed by rejecting false words, leaving a complete, independent description, it is the duty of the court to do so, and where there are two descriptions, one good and one bad, the authorities are uniform to the effect that the latter may be reject

11945–1945
Vestal v. Garrett green
ill · 1902
1 sentence

1945(Kurtz v. Hibner, 55 Ill. 514 ; Bishop v. Morgan, 82 Ill. 351 ; Bingel v. Volz, 142 Ill. 214 ; Williams v. Williams, 189 Ill. 500 ; Vestal v. Garrett, 197 Ill. 398 ; Lomax v. Lomax, 218 Ill. 629 ; Graves v. Rose, 246 Ill. 76 .) When, however, there is a latent ambiguity in a description of the object or subject of the gift, and such ambiguity can be removed by rejecting false words, leaving a complete, independent description, it is the duty of the court to do so, and where there are two descriptions, one good and one bad, the authorities are uniform to the effect that the latter may be reject

11945–1945
Lomax v. Lomax neutral
ill · 1905
1 sentence

1945(Kurtz v. Hibner, 55 Ill. 514 ; Bishop v. Morgan, 82 Ill. 351 ; Bingel v. Volz, 142 Ill. 214 ; Williams v. Williams, 189 Ill. 500 ; Vestal v. Garrett, 197 Ill. 398 ; Lomax v. Lomax, 218 Ill. 629 ; Graves v. Rose, 246 Ill. 76 .) When, however, there is a latent ambiguity in a description of the object or subject of the gift, and such ambiguity can be removed by rejecting false words, leaving a complete, independent description, it is the duty of the court to do so, and where there are two descriptions, one good and one bad, the authorities are uniform to the effect that the latter may be reject

11945–1945
Graves v. Rose neutral
ill · 1910
2 sentences

1945Probably the most complete discussion of the application of the latent ambiguity rule in the construction of wills is to be found in Graves v. Rose, 246 Ill. 76 .

1945(Kurtz v. Hibner, 55 Ill. 514 ; Bishop v. Morgan, 82 Ill. 351 ; Bingel v. Volz, 142 Ill. 214 ; Williams v. Williams, 189 Ill. 500 ; Vestal v. Garrett, 197 Ill. 398 ; Lomax v. Lomax, 218 Ill. 629 ; Graves v. Rose, 246 Ill. 76 .) When, however, there is a latent ambiguity in a description of the object or subject of the gift, and such ambiguity can be removed by rejecting false words, leaving a complete, independent description, it is the duty of the court to do so, and where there are two descriptions, one good and one bad, the authorities are uniform to the effect that the latter may be reject

11945–1945

Where else courts name it

IL 5 (1945–1979) MO 4 (1937–1983) MI 3 (2008–2022) CA 2 (2024–2025) ID 2 (2021–2021) ME 2 (1994–2024) UT 2 (2015–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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