· 3/18/1980
Augusta Medical Complex, Inc. v. Blue Cross of Kansas, Inc.
Citations
- 608 P.2d 890
- 227 Kan. 469
- 1980 Kan. LEXIS 252
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding motive in terminating irrelevant where contract gives absolute, but mutual, right to terminate
- in the absence of fraud, mistake, or duress, a competent party who enters into a contract is bound by its terms, including any provision for mutual termination of the contract
- competent parties can contract on their own terms provided the contract is not illegal or contrary to public policy; absent fraud, mistake, or duress, the parties are bound by its terms
- “[w]hen the right to terminate a contract is absolute under the clear wording in the agreement the motive of a party in terminating such an agreement is irrelevant to the question of whether the termination is effective”
- held an abuse of discretion for trial court to grant temporary injunction requiring appellant to continue to carry out contract terms when under agreed facts, as a matter of law, appellant had right to terminate the contract and did so; reversed and remanded
Source: CourtListener parenthetical corpus (CC0).
Judges: Fromme, Herd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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