Plaintiff’s purchase of defendants’ assets included a purchase of defendants’ good will and defendant Douglas Bowen’s covenant not to compete. It is true that plaintiff was eventually unable to find a location suitable to conduct business and began to sell ...

Tagged with: Contract

The parties’ settlement agreement required defendant to purchase certain real property by 1 December 2019 or within a reasonable time thereafter, paying an additional $1,500 in rent for each month after 1 December 2019. In support of plaintiff’s 2 October ...

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After plaintiff stopped recycling fiberglass, it transferred some of its recycling equipment to Ferguson Fibers in exchange for Ferguson’s promise to pay installments totaling $300,000. Even though plaintiff promised to give Ferguson a bill of sale only upon payment of ...

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Where the plaintiff-lender’s principal failed to read the loan modification documents before signing them, plaintiff has failed to show a mutual mistake of fact that would justify reforming the modification agreements. We affirm judgment for the defendant-borrower and the award ...

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The plaintiff-salvage company argues that, after it spend a decade locating the wreck of the Queen Anne’s Revenge, the parties entered into a contract (the 2013 Agreement) to govern the treatment of the digital media and other matters related to ...

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Even though individual defendant Crider is not a party to plaintiff Mary Annette, LLC’s operating agreement, defendants’ breach of contract counterclaim concerns an alleged breach, not of the Mary Annette operating agreement, but of an alleged oral agreement relating to ...

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Despite conflicting lines of cases from North Carolina’s intermediate appellate court, we read G.S. § 6-21.2(1) and (2) as they are written and uphold the district court’s award of attorney’s fees to the plaintiff-lender in an amount equal to 15 ...

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Where the parties’ condominium declaration says the defendant-homeowners’ association (HOA) will “repair” any incidental damage that is caused to a condo unit during common area repairs, this promise to “repair” does not encompass out-of-pocket expenses caused by common area repairs. ...

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After defendants defaulted on their promissory note and guaranty, the plaintiff-lender foreclosed on the property securing the promissory note; however, the foreclosure was not completed because a prior deed of trust was foreclosed on. The defendant-guarantor argues the instant action ...

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When the defendant-county sells its own property, the county must follow a statutory bidding procedure. However, there is a genuine issue as to whether the county owns the scrap metal and appliances that its residents deposit into recycler-owned bins at ...

Tagged with: Contract