North Carolina Lawyers Weekly

The plaintiff-salvage company argues that, after it spend a decade locating the wreck of the Queen Anne’s Revenge, the parties entered into a contract (the 2013 Agreement) to govern the treatment of the digital media and other matters related to ...

Tagged with: Contract

Even though individual defendant Crider is not a party to plaintiff Mary Annette, LLC’s operating agreement, defendants’ breach of contract counterclaim concerns an alleged breach, not of the Mary Annette operating agreement, but of an alleged oral agreement relating to ...

Tagged with: Contract

Despite conflicting lines of cases from North Carolina’s intermediate appellate court, we read G.S. § 6-21.2(1) and (2) as they are written and uphold the district court’s award of attorney’s fees to the plaintiff-lender in an amount equal to 15 ...

Tagged with: Contract

Where the parties’ condominium declaration says the defendant-homeowners’ association (HOA) will “repair” any incidental damage that is caused to a condo unit during common area repairs, this promise to “repair” does not encompass out-of-pocket expenses caused by common area repairs. ...

Tagged with: Contract

After defendants defaulted on their promissory note and guaranty, the plaintiff-lender foreclosed on the property securing the promissory note; however, the foreclosure was not completed because a prior deed of trust was foreclosed on. The defendant-guarantor argues the instant action ...

Tagged with: Contract

When the defendant-county sells its own property, the county must follow a statutory bidding procedure. However, there is a genuine issue as to whether the county owns the scrap metal and appliances that its residents deposit into recycler-owned bins at ...

Tagged with: Contract

In its third-party complaint, the third-party plaintiff-contractor specifically referenced its settlement agreement with plaintiff WFP, LLC, when the contractor alleged that the third-party defendant-architects’ actions “compel[led the contractor] to accept [an] unfair and unfavorable settlement with WFP”; furthermore, the contractor ...

Tagged with: Contract

Although defendants contend plaintiffs wrongfully made capital calls – which plaintiffs contend resulted in the diminution of defendants’ interest in several entities when defendants failed to pay – defendants’ allegations and the remedy they seek sound in contract, not in ...

Tagged with: Contract

Where the plaintiff-creditor’s notice says that it will seek attorneys’ fees unless an amount “is made” within five days, rather than demanding that the amount be “paid,” plaintiff may not collect attorneys’ fees under G.S. § 6-21.2(5). Defendant’s motion for ...

Tagged with: Contract

Where the parties’ settlement agreement allowed either party to offer to buy certain real property by depositing $100,000 with the Chapel Hill branch of Investors Title by 5:00 p.m. on November 3, 2020, plaintiffs did not fully comply with the ...

Tagged with: Contract