M. K. Transport, Inc. v. Grover

How courts have described this case

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

• “An intent to rescind a contract may be inferred from acts or a course of conduct ...”
• trial court committed error in basing its decision on an unpleaded issue even though there did exist some evidence in the record to support it
• trial court committed error in basing its decision on an unpleaded issue even though there did exist some evidence in the record to support it
• where a theory of recovery is tried fully by the parties, the court may base its decision on that theory and deem the pleadings amended accordingly
• “Where nothing in the record indicates that an unpleaded issue was litigated at trial, it is error for the trial court to base its decision on the unpleaded issue.”
• modem pleading rules allow parties to seek alternative types of relief regardless of inconsistency

Source: CourtListener parenthetical corpus (CC0).