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· 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 CourtListener

Sourced 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.