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Contract

Contract – Agency – Apparent Authority – Implied Authority – Ratification – Summary Judgment (access required)

Leiber v. Arboretum Joint Venture LLC. (Lawyers Weekly No. 10-07-1161, 20 pp.) (Cheri Beasley, J.) Appealed from Mecklenburg County Superior Court (Ben F. Tennille, J.) N.C. App. Click here for the full text of the opinion. Holding: There were issues ...

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Contract – Forum-Selection Clause – France – French Assignor – Unfair Trade Practices – Statute of Limitations – Aggravating Factors (access required)

Ada Liss Group Ltd. v. Sara Lee Corp. (Lawyers Weekly No. 10-03-1134, 16 pp.) (Wallace W. Dixon, USMJ) M.D.N.C. Holding: Defendant bases its breach-of-contract counterclaim on a contract plaintiff entered into with Playtex France. The Playtex France contract includes a ...

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Contract – General Contractor – Claim of Lien – Order of Attachment – Control Analysis – G.S. § 87-10 (access required)

Signature Development, LLC v. Sandler Commercial at Union, LLC. Since the plaintiff did not exercise the requisite control over a development project to be considered the general contractor, the trial court erred in dismissing the plaintiff's complaint under Rule 12(b)(6) based on the plaintiff's failure to obtain a general contractor's license. The trial court did not err by dismissing the plaintiff's claim of lien where the claim of lien was based on a percentage of profits, not upon debts owing for labor done or professional design or surveying services or material furnished, as required under G.S. § 44-8. The trial court erred by dissolving the plaintiff's order of attachment because it did not make adequate findings under G.S. § 1-440.3 to justify doing so.

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Contract – Civil Practice – Real Party in Interest – Corporate Owner – Stipulation – Evidence – Photographs – Illustrative to Substantive (access required)

Accelerated Framing, Inc. v. Eagle Ridge Builders, Inc.. Although defendant contends on appeal that its contract was signed by David Gentry (president and owner of the plaintiff-corporation) in his individual capacity, at trial defendant stipulated that the contract was between the corporate parties. Even though subject matter jurisdiction cannot be waived, a real party in interest can ratify an action by stipulation. We affirm judgment for plaintiff.

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Contract – Commercial Lease – Civil Practice – Res Judicata – Option Contract – Lease – Summary Judgment (access required)

Bear v. Exotic Imports, Inc. Res judicata bars a plaintiff's claim for past-due rent under a lease with an option contract that was previously the subject of a suit between the parties. The issue of past-due rent was repeatedly raised by the plaintiff in the prior proceeding and denied by the trial court.

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Contract – Breach of Contract – Indemnification (access required)

One Beacon Insurance Co. v. United Mechanical Corp. Even when an indemnification clause exists in a contract, a party cannot recover from a subcontractor whose employee is injured on the job and sues the party without a showing that the injuries arose from some act or omission of the subcontractor. Trial court ruling of summary judgment for defendant is affirmed.

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Contract – Shareholder Agreements – Arbitration – Motion to Compel – Fraud (access required)

Ellison v. Alexander. Even though defendant did not sign plaintiffs' shareholder agreements with The Elevator Channel, since he made the representations about which plaintiffs complain while he was convincing them to invest in The Elevator Channel, he made those representations as an agent of The Elevator Channel. The plaintiffs' claims are inextricably entwined with the provisions of their shareholders agreements, so the defendant is entitled to enforce the arbitration clause in the shareholders agreements. Therefore, the trial court's order denying the defendant's motion to compel arbitration is reversed and the matter is remanded to the trial court for the entry of an order staying all further proceedings and requiring the parties to proceed to arbitration.

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