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Tag Archives: Catawba County

Real Property – Summary Judgment – Breach of Contract – Breach of Warranty – Fraud – Unfair & Deceptive Trade Practices – Constructive Trust – Fiduciary Relationship (access required)

Scheller v. Otterberg. The plaintiff-buyers hired an inspector, who warned them of possible water intrusion into the home they were buying. Even if the plaintiffs relied on false representations . . .

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Real Property – Statute of Frauds – Judicial Estoppel – Settlement Agreement – First Impression (access required)

Powell v. City of Newton. Even though there is no writing signed by plaintiff that would satisfy the statute of frauds, since plaintiff agreed in open court to settle his lawsuit against the defendant-city by quitclaiming a portion of his property . . .

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Domestic Relations – Post-Separation Support – Wife’s Expenses – Alimony – Duration – Wife’s Income – Insufficient Findings (access required)

Crocker v. Crocker. The trial court could consider evidence it heard in the parties' child custody hearing in determining the family's standard of living for purposes of post-separation support. Since the trial court's findings relegate the defendant-husband to a lower standard of living than he enjoyed during the parties' marriage, such findings do not form a basis for appeal by the plaintiff-wife.

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