Contract – Breach – Remedies – Injunction

Crosland Ardrey Woods, LLC v. Beazer Homes Corp. (Lawyers Weekly No. 11-06-1249, 1 p.) (Per Curiam) Appealed from Mecklenburg County Superior Court. (Robert P. Johnston, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Click here for the full-text opinion.

Holding: Where our Court of Appeals held, Where a contract did not expressly limit remedies available to an aggrieved party upon breach of the contract, the trial court did not err in granting injunctive relief. Prospective damages were unascertainable, and the contract expressly allowed for retention of an earnest money deposit by the aggrieved party, discretionary review was improvidently allowed.