Capital Management Co. v. Brown

How courts have described this case

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

• holding that parol evidence is admissible to resolve a contractual term that is ambiguous
• “The parties’ intent and mutual assent to an implied-in-fact contract is proved through conduct rather than words.”
• “If a contract is unambiguous, extrinsic evidence may not be used to interpret the intent of the parties, to vary the terms of the contract or to create ambiguity.”
• “Simply telling the jury that a party is no longer part of the case for the purpose of avoiding confusion about the alignment of the parties does not violate [Delaware law].”
• “An implied contract is one inferred from the conduct of the parties, though not expressed in words. The parties' intent and mutual assent to an implied-in-fact contract is proved through conduct rather than words.” (internal quotation marks and footnote omitted)
• “An implied contract is one inferred from the conduct of the parties, though not expressed in words. The parties' intent and mutual assent to an implied-in-fact contract is proved through conduct rather than words.” (internal quotation marks and footnote omitted)

Source: CourtListener parenthetical corpus (CC0).