Contract

Jun 22, 2012

Contract – Burial Plot Purchase – Resale to Another – Civil Practice – Statute of Limitations – Tort/Negligence

Hardin v. York Memorial Park In 1993, when her husband died, plaintiffs’ decedent bought three burial plots from defendants — one for her husband, one for herself, and one for another family member. Where defendants resold one of the plots to a stranger in 1993, and where plaintiffs originally filed suit on Nov. 9, 2006, their breach of contract claim as to that plot is time-barred. H[...]

Jun 21, 2012

Contract – False Claims Act – Student Loan Corporations – ‘Arm of the State’ Analysis

U.S. ex rel. Jon H. Oberg v. Kentucky Higher Educ. Student Loan Corp. A district court did not use the correct test when analyzing whether student loan corporations formed by four different states may be sued in a qui tam action alleging they defrauded the U.S. Department of Education; the 4th Circuit vacates a lower court’s dismissal of the suit on the ground that the corporations were[...]

Jun 19, 2012

Contract – Guaranty – Landlord/Tenant – Commercial Lease – Assignment – Default – Bankruptcy

Epes v. B.E. Waterhouse, LLC Where both the lease assignment and plaintiff’s guaranty reflect that the assignment would not release plaintiff from liability as guarantor, the trial court correctly granted summary judgment to the defendant-landlords on plaintiff’s request for a declaratory judgment that plaintiff “has no ongoing duties, obligations, or liability of any type to defend[...]

Jun 18, 2012

Contract – Hospital Services – Reasonable Charges – Civil Practice – Summary Judgment – Employees’ Affidavits

Charlotte-Mecklenburg Hospital Authority v. Talford In support of its claim that the defendant-patient owed it $14,419.57 for a four-day hospitalization, the plaintiff-hospital submitted the affidavits of its Manager of Patient Financial Services, Legal Accounts and its Director, Revenue Management. These affidavits were minimally sufficient to satisfy the hospital’s burden of proof as [...]

Jun 6, 2012

Contract – Real Property – Lien – Construction Project – Agency

Young & McQueen Grading Co. v. Mar-Comm & Associates, Inc. It doesn’t matter that the plaintiff-contractor dealt with two entities – Mar-Comm & Associates, Inc. (the actual property owner) and Mar-Comm & Associates of North Carolina, LLC – with regard to a construction project since Mar-Comm of NC was acting as Mar-Comm’s agent.

Jun 5, 2012

Contract – Fishing Tournament – Rules Violation – First Impression — Fishing License – Disqualification – Civil Practice – Venue – Judges – Recusal Motion

Topp v. Big Rock Foundation, Inc. Although the plaintiff-contestants were warned not to let the lack of a fishing license jeopardize a $1,000,000 prize, their first mate entered the contest without renewing his fishing license. Since plaintiffs failed to show that their disqualification was the result of arbitrariness, fraud or collusion, the defendant-foundation’s decision stands.

Jun 5, 2012

Contract – Factory Sale – Warehouse Heat – Agreement to Supply/Pay – Vagueness

Micro Capital Investors, Inc. v. Broyhill Furniture Industries Defendant’s furniture factory and adjacent warehouse were heated by boilers that were powered by burning waste wood, a byproduct of the manufacturing process. When plaintiff bought the factory from defendant, plaintiff agreed to continue to provide heat to the adjacent warehouse, and defendant agreed to pay one-fourth of def[...]