Kusuma v. Metametrix, Inc.

How courts have described this case

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

• ambiguity exists when meaning uncertain and language may be fairly understood in more than one way
• 18-month delay in exercising termination option gives rise to a jury question regarding party’s intent in failing to timely assert its termination rights
• “The question whether the parties’ mutual conduct caused a waiver and effected a quasi-new agreement ordinarily is a question for the jury. [Cit.]”
• the issue of whether the landlord's and tenant's mutual conduct caused a waiver and effected a quasi-new lease agreement ordinarily is a question for the jury
• “[A] party to a contract may waive contractual provisions for his benefit.”
• “A waiver may be express, or may be inferred from actions, conduct, or a course of dealing. Waiver of a contract right may result from a party’s conduct showing his election between two inconsistent rights.”

Source: CourtListener parenthetical corpus (CC0).