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Contract

Contract – Breach Claim – Waiver Defense – Motion for Directed Verdict (access required)

Pugh Oil Co. v. Ace Transport, Ltd. The parties’ gasoline-delivery contract required defendant to get approval from plaintiff before defendant delivered unbranded gasoline to one of plaintiff’s BP or Exxon stations. Defendant contends that plaintiff waived defendant’s breach of this contract provision when plaintiff accepted defendant’s invoices which indicated that unbranded gasoline had been delivered to the BP and Exxon stations; however, upon review of the invoices, the court cannot discern whether the documents show unbranded or branded fuel at incorrect stations.

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Contract – Joint Venture — Real Property – Failed Development – Promissory Note – Tort/Negligence – Unfair Trade Practices (access required)

Synovus Bank v. Parks Where defendants’ joint venture counterclaim alleges only that the third-party defendant “failed to properly supervise and oversee the Developer or its employees and agents despite having some measure to direct the conduct of the Developer,” this allegation is a conclusion of law and is not supported by any of the facts pled in defendants’ counterclaim and third-party complaint. Defendants have failed to plead sufficient facts to show that plaintiff had a right of control over the means to carry out an alleged joint venture with the developer;

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Contract – Express Warranty – Civil Practice – Statute of Repose – Class De-Certification (access required)

Hart v. Louisiana-Pacific Corp. Even though the parties’ express warranty period extends beyond the six-year statute of repose, in view of Christie v. Hartley Construction, Inc., 745 S.E.2d 60 (N.C. App. 2013), since plaintiffs’ claims were filed outside the statute of repose period, and since the warranty provides only for money damages, plaintiffs’ claims are barred by the statute of repose.

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Contract – Emails – Alleged Oral Contract – Quantum Meruit – Civil Practice – Summary Judgment – Motion to Continue (access required)

Taft v. Dickman Even though plaintiffs placed evidence of an oral contract in the trial court record, plaintiffs only relied on the parties’ emails – their written agreement – in their arguments at the trial level. Plaintiffs may not have summary judgment for defendants overturned based on an argument plaintiffs did not make before the trial court, i.e., that the parties had an oral contract with terms that varied from their written contract.

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Contract – Settlement & Release – Unilateral Mistake – Settlement Amount – Previous Payments (access required)

Grich v. Mantelco, LLC Plaintiff signed the release before actually receiving the check from the defendant-insurer and so did not realize that the insurer had deducted from the settlement amount the $7,000 that it has previously paid the plaintiff. This unilateral mistake by the plaintiff does not support his claim that the insurer committed an unfair trade practice.

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