Barry D. Bilder v. Janice Dykstra
DueProcess
In contracts, after signing an agreement, is the term, 'new fact,' applicable to a fact that is new and previously unknown to one party, or new and previously unknown to both (all) parties?
QUESTION PRESENTED Contracts are composed of words. If words in con, tracts vary in their meanings, the contract is in peril of being void and unenforceable. Each word of a contract comprises a legal element which should be clear and unambiguous. The question posed herein is in reference to the words used in contracts and agreements containing the phrase, “new fact;” and what qualifies as a “new fact.” The question presented is: In contracts, after signing an agreement, is the term, “new fact,” applicable to a fact that is new and previously unknown to one party, or new and previously unknown to both (all) parties? ii STATEMENT OF RELATED CASES Bilder v. Dykstra, et al., No. CV-2015-670 “Quiet Title”, District Court of Tulsa County, State of Oklahoma. Judgment entered February 28, 2019. Bilder v. Dykstra, No. 1:19-cv-04999, U.S. District Court for the Northern District of Illinois. Judgment entered August 20, 2020. Bilder v. Dykstra, No. 20-3062, U.S. Court of Appeals for the Seventh (7th) Circuit. Judgment entered July 22, 2021. a | . iii