Cited by

Co. of Am., (citing Restatement and finding counter-offer “was a rejection of the offer”).

Co. of Am., (this court “will not substitute its judgment as to credibility of witnesses and weight of evidence for that of the jury”).

Co. of Am., ("Appeals lie from findings of fact, conclusions of law, and judgments, not from ruminations of the trial judge.").

Co. of Am., (“A trial judge’s ruminations on the record .

Co. of Am., ("A trial judge's ruminations on the record, even when incorrect, are an insufficient ground on appeal to set 6 TARASCIO v. SIEBERS Decision of the Court ¶21 Accordingly, we do not find that Mot

Co. of Am., (“The weight to be given conflicting evidence is for the trier of fact .

Co. of Am., -65 (App. 1983).

Co. of Am., (“A repudiating party is not entitled to demand performance from the innocent party or use the latter’s failure to tender as a defense to the claimant.

Co. of Am., –71 (App. 1983).

Co. of Am., (finding that “one party’s ‘insistence upon terms which are not contained in a contract constitutes an anticipatory repudiation thereof’”) (citation omitted).

Co. of Am., ("A clause in a contract, if taken by itself, often admits of two meanings, when from the whole contract there is no reasonable doubt as to the sense in which the parties use it.") (quoting Climate Control, ).

Co. of Am., (“The acts of the parties themselves, before disputes arise, are the best evidence of the meaning of doubtful contractual terms.”).

304, , 456 (App. 1983) ).