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L-R Francis Pileggi and Chauna Abner, Eckert Seamans Cherin & Melott. L-R Francis Pileggi and Chauna Abner, Eckert Seamans Cherin & Melott.

A recent Delaware Court of Chancery decision provides a cautionary tale about why the existence of signatures on an agreement will not always be sufficient evidence to establish that the parties intended to enter into a binding contract. In Eagle Force Holdings v. Campbell, C.A. No. 10803-VCMR (Del. Ch. Aug. 29, 2019), Justice Tamika Montgomery-Reeves, writing while she was still a vice chancellor, reasoned in a 72-page decision that based on the facts and circumstances presented during a five-day trial, two agreements that were signed by the parties were not intended to be binding contracts.

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