Cary Oil Co., Inc. v. MG Refining and Marketing

How courts have described this case

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

• holding that “[r]ecission [sic] necessarily is included in amendment, waiver or departure” and “[therefore, the [Contracts] prohibit not only modification, but also rescission.”
• finding contract and implied covenant claims redundant where they “clearly rest[ed] on the same factual predicate-Deutsche Bank’s alleged involvement in 1995 CFTC order”
• “[A] claim for breach of the implied covenant will be dismissed as duplicative if the conduct allegedly violating the implied covenant is also the predicate for breach of the underlying contract.”
• “If the breach is material and the breaching party fails to cure.... ” (emphasis added)
• “[T]he statute of limitations for failure to perform [does] not begin to run [even in the case of an anticipatory breach] until the time fixed for performance. The UCC appears to have adopted this approach.”

Source: CourtListener parenthetical corpus (CC0).