· 3/6/1969
Creditors' Committee of Essex Builders, Inc. v. Farmers Bank
Citations
- 251 A.2d 546
- 1969 Del. LEXIS 249
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding no implied contract exists when banks independently decide to extend credit to Creditors because the parties acted in their own interest and the collision of such interests is an insufficient reason to imply an agreement
- “A contract will be implied in fact only when the Court may fairly infer such an intent from the evidence; it represents the presumed intention of the parties as indicated by their conduct.”
- “Receipt of a benefit as the incidental result of someone else’s activities is not enough to require restitution. There is no evidence here of any mistake, coercion, or request which might change the result.” (citations to Restatement omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Carey, Herrmann, Christie
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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