Supreme Court of Delaware

Wireless Properties, LLC, a Delaware Limited Liability Company, Plaintiff Below, Appellant v. Cc Finance LLC, A…

October 28, 20102010 Del. LEXIS 549

Summary

The court affirmed dismissal of Wireless Properties’ breach-of-contract action. It held that the loan agreement unambiguously required Crown’s written consent, exercisable in its sole discretion, before the loan commitment could be increased, and that the amended complaint did not adequately allege such consent. The court also held that Crown’s spreadsheets and prior advances did not establish the required written consent or waive Crown’s future discretion.