Brady v. Prairie Material Sales, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that recital paragraphs were part of agreement because operative clause stated that the preceding terms of the agreement were not a mere recital
• holding that recital paragraphs were part of agreement because operative clause stated that the preceding terms of the agreement were not a mere recital
• holding that recital paragraphs were part of agreement because operative clause stated that the preceding terms of the agreement were not a mere recital
• “framing the issue as whether an instrument is a release or a covenant not to sue *** distorts the real issue, which is a determination of the intent of the parties to the agreement”
• express language of a release can extinguish the underlying cause of action as to other persons not a party to the agreement
• suit against employer based on vicarious liability was not discharged even though the plaintiff entered into a settlement with employee who caused injury because that settlement was held to be personal to the employee only

Source: CourtListener parenthetical corpus (CC0).