I happened upon this blog post by Susan Wilson of Alston+Bird regarding a recent Delaware Chancery Court opinion, Cambridge North Point LLC v. Boston and Maine Corporation.
B&M argued that the court should hold the contract at issue unenforceable because B&M had signed the contact “without noticing” a new provision added to a draft by Cambridge. But B&M had proposed revisions to the draft in question, suggesting that B&M had in fact read it, or at least had had the opportunity to do so. It’s no surprise that Vice Chancellor Strine declined to accept B&M’s argument.
To get the full flavor of this unlikely dispute, read Susan’s post.