In my experience, when final contracts refer to earlier agreements between the parties, it can present fertile ground for textual conflicts. Example: I once litigated a severance dispute where the operative employment agreement provided Delaware law (and fixed venue there, too) and incorporated two prior non-compete agreements. One agreement contained a Nebraska forum clause while …
Tag Archives: contract interpretation
Homeowners’ Operation of Home-Based Daycare Business Doesn’t Violate Restrictive Covenant Requiring Residence Use – IL Third Dist.
The plaintiff homeowner’s association in Neufairfield Homeonwers Ass’n v. Wagner, 2015 IL App (3d) 140775, filed suit against two sets of homeowners claiming they violated restrictive covenants in the development’s declaration by operating daycare businesses from their homes. The association based their suit on a declaration covenant that required all lots to be used for “Single Family Dwellings.” The declaration allowed an …