Capano Group, L.L.C v. The Great Atlantic & Pacific Tea Co., Inc.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE CAPANO GROUP, L.L.C. and LOUIS CAPANO & SONS, INC., Defendants/Counterclaim Plaintiffs Below, Appellants, v. THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Plaintiff/Counterclaim Defendant Below, Appellee. § § § § § No. 561, 2000 § § Court Below: Superior Court § of the State of Delaware in and § for New Castle County § C.A. No. 00C-07-084 § § § Submitted: April 24, 2001 Decided: April 27, 2001 Before VEASEY, Chief Justice, WALSH, and BERGER, Justices. ORDER This 27th day of April 2001, upon consideration of the briefs of the parties, the Court concludes that the Superior Court correctly determined that the lease agreement between the parties was clear and unambiguous with respect to the amount of the rental obligation. Accordingly, the Superior Court properly declined to accept extrinsic evidence concerning the intention of the parties. See Hibbert v. Hollywood Park, Inc., Del. Supr., 457 A.2d 339, 343 (1987). NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice

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