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Contract – Breach – Home Repairs – Issue Preclusion
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 arising from the same home repair contract. When defendant took no action on the complaint, […]
Contract – Breach – Gun Auction – Accord & Satisfaction – Unearned Commissions
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 plaintiff-seller, it was up to the court, as fact-finder, to decide whether the seller’s acceptance […]
Contracts – Licensing Agreement – Breach – Withdrawal of Admissions
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 with the licensing agreement. Because third-party plaintiff was prejudiced by third-party d[...]
Contract – Breach – Advanced Funds – Account Stated – Prejudgment Interest – Partial Payment
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 2013, interest had accumulated, and defendant agreed that plaintiff was entitled to $111,236.66, yet defendant […]
Civil Practice – Res Judicata – Breach of Contract – Bad Faith – Unfair Trade Practices – Interlocutory Appeal – Insurance
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 original litigation, and was not a party when the judgment was entered, Farm Bureau is […]
Tort/Negligence – Breach of Fiduciary Duty Claim – Banks & Banking – Real Property – Mortgages – Foreclosure – Right of Redemption
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 of redemption does not change an ordinary debtor-creditor relationship into a fiduciary relationship. Defendant’s response […]
Contract – Breach – Evidence – Assault — Remodeling Work – Failure to Pay – Punch List
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[...]
Contract – Breach – Damages – Interior Design – Change Orders
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 c[...]
Contract – Breach – Remedies – Injunction
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 par[...]
Contract – Breach – Road Construction – Stone Thickness – Damages
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 d[...]
Contract – Commercial Printer Lease – Maintenance Agreement – Breach
Moore Printing, Inc. v. Automated Print Solutions, LLC A plaintiff, who entered into a printer lease agreement with Wells Fargo and a separate printer maintenance agreement with defendant APS, cannot maintain his breach of contract claim against APS since privity of contract was not established.
Contract – Breach – Construction Reimbursement Credit
Majewski Enterprises v. Park at Langston, Inc. Defendant breached an enforceable agreement between the developer parties by collecting a disproportionate share of credits from the town, which were intended to reimburse the parties for certain costs incurred in the installation of water and sewer lines servicing the lots on their respective properties.
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