Continental Insurance v. Rutledge & Co.

How courts have described this case

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

• recognizing that \Delaware courts define consideration as a benefit to a promisor or a detriment to a promisee pursuant to the promisor's request\
• holding that the plain meaning of a substantially similar provision was to permit the general partners to engage in competing business activities outside of the partnership, not to alter the general partner’s fiduciary duty to refrain from self-dealing
• observing that courts have discretion to deny summary judgment where factual clarity is warranted
• rejecting argument that parties amended clause through course of dealing where they had amended agreement in writing in the past
• describing consideration as “a benefit to a promisor or a detriment to a promisee pursuant to the promisor’s request”
• declining to find a waiver of a provision requiring written amendments where the parties previously “reduce[d] a modification to writing”

Source: CourtListener parenthetical corpus (CC0).