· 5/22/2009
Carrothers Construction Co. v. City of South Hutchinson
Citations
- 207 P.3d 231
- 288 Kan. 743
- 2009 Kan. LEXIS 105
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Interpreting a written contract that is free from ambiguity is a judicial function and does not require oral testimony to determine the contract’s meaning.”
- “Interpreting a written contract that is free from ambiguity is a judicial function and does not require oral testimony to determine the contract’s meaning.”
- If the contract’s terms are clear, the parties’ intent is to be determined from the contract language without applying rules of construction.
- If the contract's terms are clear, the parties' intent is to be determined from the contract language without applying rules of construction.
- “By placing the burden of proof on the party challenging a liquidated damages clause, we promote a public policy .favoring settlement and avoidance of litigation, and allowing parties to make, and live by, their own contracts.”
- “By placing the burden of proof on the party challenging [the enforceability of a clause in an agreement], we promote a public policy favoring settlement and avoidance of litigation, and allowing parties to make, and live by, their own contracts.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Biles
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.