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· 3/3/1995

Fleming Companies, Inc. v. Thriftway Medford Lakes, Inc.

Citations

  • 913 F. Supp. 837
  • 1995 U.S. Dist. LEXIS 20129
  • 1995 WL 798601

How courts have described this case

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

  • holding that “the implied duty of good faith and fair dealing does not operate to alter the clear terms of an agreement and may not be invoked to preclude a party from exercising its express rights under such an agreement”
  • holding that “the implied duty of good faith and fair dealing does not operate to alter the clear terms of an agreement and may not be invoked to preclude a party from exercising its express rights under such an agreement”
  • noting that reformation is available only upon a showing of fraud, mistake, duress, unconscionability, or illegality
  • “[I]t is well settled that affixing a signature to a contract creates a conclusive presumption that the signer read, understood, and assented to its terms.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Parell

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.