What is the test for an appellate court to interpret a contract where the contract is not enforceable?
California, United States of America
The following excerpt is from Dolin v. Kojima, H035375, No. M89350 (Cal. App. 2011):
On issues of contractual interpretation, where the interpretation does not turn on the credibility of conflicting extrinsic evidence, an appellate court is not bound by the trial court's interpretation and will decide the issue de novo. (Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 847.)
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