Delaware Bay Surgical Services, P.A. v. Swier

How courts have described this case

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

• asserting that, if uncertainty about the meaning of words in a statute persists, then the “statute must be construed to avoid mischievous or absurd results” (internal quotation marks omitted)
• characterizing issue of liquidated damages provision vel non as a “mixed question of law and fact”
• observing that intent to be bound is a factual issue
• evaluating whether a contractual provision requiring a $25,000 payment if either party terminated the contract early would be invalid if a penalty, but enforceable if a liquidated damages provision
• \Determining the intent of the parties is a question of fact.\

Source: CourtListener parenthetical corpus (CC0).