Pacitti v. Macy's
United States Court of Appeals for the Third Circuit
193 F.3d 766 (1999)
Macy's (defendant) ran a contest promising the winning contestant would star in "Annie" both on tour and on Broadway, but the actual signed agreement with the Pacittis (plaintiffs) only promised a standard theatrical contract, which allowed producers to replace the actor at any time; their daughter Joanna won, toured with the show, but was replaced before it reached Broadway. The trial court found the agreement unambiguously limited Macy's obligation to securing a standard contract and granted Macy's summary judgment, also denying discovery into Macy's relationship with the producers; the Pacittis appealed.
Whether the context in which a contract was made is a factor in determining whether the contract is ambiguous or unambiguous.