Plaintiff had previously filed two suits against defendant arising from her dissatisfaction with repairs defendant had performed on plaintiff’s home. The actions resulted in an arbitration award and consent judgment in favor of plaintiff. Plaintiff subsequently filed the present suit ...

Tagged with: Breach

Where there was no language on either the defendant-auctioneer’s check or in the accompanying letter which clearly expressed that the tendered check was intended to be a settlement of some dispute as to the amount that the auctioneer owed the ...

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Plaintiffs alleged that defendants used positions of trust for their own benefit and to the detriment of plaintiff following the failure of a pharmaceutical licensing agreement between the parties. Defendant/third-party plaintiff alleged third-party defendants interfered with plaintiff’s ability to comply ...

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Progress Builders, LLC v. King (Lawyers Weekly No. 020-047-17, 13 pp.) (Louis Bledsoe III, J.) 2017 NCBC 40 Holding: Pursuant to oral agreements with the pro se defendant, plaintiff lent defendant and her associates a total $103,040.04 in 2012. By ...

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Bruns v. North Carolina Farm Bureau Mutual Insurance Co. (Lawyers Weekly No. 14-16-0680, 10 pp.) (Sanford Steelman Jr., J.) Appealed from Craven County Superior Court (Jay Hockenbury, J.) N.C. App. Unpub. Holding: Since defendant, Farm Bureau, was dismissed from the ...

Tagged with: Breach Contract Litigation res judicata

Lynn v. Federal National Mortgage Association (Lawyers Weekly No. 14-07-0660, 12 pp.) (Robert N. Hunter Jr., J.) Appealed from Union County Superior Court (W. David Lee, J.) N.C. App. Holding: A debtor’s attempt to act upon the statutorily created right ...

Tagged with: Breach fiduciary

Allen Design Associates, Inc. v. Combs The defendant-homeowner failed to try to introduce evidence that the reason she refused to let the plaintiff-contractor back into her home was that she had learned that he had been arrested for assault on a female. Even if she had preserved this issue for appeal, the homeowner failed to show that such evidence was relevant; she didn’t show that she learned of the arrest before she decided not to let the contractor return.

Tagged with: Assault Breach Contract evidence

Diane K. Troum, Inc. v. Amini Innovation Corp. The parties’ original showroom design contract required defendant to pay plaintiff $20,000 plus purchases, administrative costs and “hours in excess of ten [to be] billed at $15.00 or $20.00 per hour for a cap of $1,000.00. Variance in rate depends on skill level of personnel.” After defendant requested additional design services, the contract’s base cost was raised to $25,000. Where plaintiff billed defendant $25,000 as its design fee plus $6,302.50 for additional labor, and where defendant paid plaintiff only $20,000, a jury could find an express contract and award plaintiff $11,302.50. Defendant has failed to show that the jury award included recovery in quantum meruit.

Tagged with: Breach Contract Damages

Crosland Ardrey Woods, LLC v. Beazer Homes Corp. 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.

Tagged with: Breach Contract Injunction Remedies

J.T. Russell & Sons, Inc. v. Silver Birch Pond L.L.C. Even using the measure proposed by the plaintiff-contractor - average stone depth - the defendant-developer showed that the contractor failed to abide by the contract requirement that the road be built with a stone depth of eight inches. However, the sum of all of the developer’s evidence of damages is less than the jury’s damages award; therefore, the contractor is entitled to a new trial on damages.

Tagged with: Breach Contract Damages Road Construction