Contract – Franchise & Facility Sales – Missing Schedule

Carolina Home Solutions 1, Inc. v. Crystal Coast Home Solutions, Inc. (Lawyers Weekly No. 020-080-17, 10 pp.) (Louis Bledsoe III, J.) 2017 NCBC 74

Holding: Defendant argues that plaintiff’s 2013 facility sale to defendant is unenforceable because plaintiff had already sold the facility to someone else in plaintiff’s 2012 sale of its franchise; however, the court cannot grant defendant’s motion for judgment on the pleadings because defendant failed to include in the record the 2012 contract’s “Schedule A,” which lists all the assets sold in 2012.

Despite plaintiff’s failure to respond, the court denies defendant’s motion for judgment on the pleadings.