The plaintiff-borrower cannot prevail on her claim that the defendant-lenders breached a loan modification agreement. Her complaint shows the agreement was not in effect because she failed to make a time-is-of-the-essence payment that was due by Oct. 1, 2012. We ...

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The parties’ franchise agreement prohibits defendant Salinas – the former franchisee – from using plaintiff’s name but not from competing with plaintiff or soliciting customers. The court grants in part and denies in part plaintiff’s motion for a preliminary injunction. ...

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The record in this case is too sparse for adequate judicial review and provides an insufficient basis upon which to create binding precedent. We note that appellants have not challenged any of the trial court’s findings of fact, and we ...

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Badin Shores Resort Owners Association, Inc. v. Handy Sanitary District (Lawyers Weekly No. 011-027-18, 28 pp.) (Valerie Zachary, J.) Appealed from Montgomery County Superior Court (Edwin Wilson Jr., J.) N.C. App. Holding: Despite the lack of a final permit from ...

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Jiangmen Kinwai Furniture Decoration Co. v. IHFC Properties, LLC (Lawyers Weekly No. 003-004-18, 8 pp.) (Carlton Tilley Jr., S.J.) 1:14-cv-00689; M.D.N.C. Holding: Where the parties agreed that “amounts not paid [the defendant-landlord] when due will bear interest on the unpaid ...

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Beam Construction Co. v. Allied World Specialty Insurance, Inc. (Lawyers Weekly No. 004-028-17, 11 pp.) (Frank Whitney, C.J.) 3:17-cv-00420; W.D.N.C. Holding: A subcontractor failed to perform its contractual obligations. When the defendant-surety, which provided a performance bond for the defaulting ...

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W4 Farms, Inc. v. Tyson Farms, Inc. (Lawyers Weekly No. 020-101-17, 11 pp.) (Michael Robinson, J.) 2017 NCBC 97 Holding: The court’s order granting in part and denying in part defendants’ motion to dismiss did not address whether the parties’ ...

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Post v. Avita Drugs, LLC (Lawyers Weekly No. 020-097-17, 15 pp.) (Adam Conrad, J.) 2017 NCBC 93 Holding: The contract for the sale of plaintiff’s business to defendant contemplated the very issues the parties now raise in relation to the ...

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Frank v. Charlotte Symphony (Lawyers Weekly No. 011-264-17, 15 pp.) (John Tyson, J.) Appealed from the Industrial Commission. N.C. App. Holding: The plaintiff-violist’s annual contracts with the defendant-symphony only covered 36 weeks of each year. With regard to choosing one ...

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Moore v. Seterus, Inc. (Lawyers Weekly No. 002-040-17, 13 pp.) (Louise Flanagan, J.) 4:16-cv-00293; E.D.N.C. Holding: The defendant-loan administrator’s “Trial Period Plan” (TPP) offered to refrain from initiating foreclosure proceedings during a three-month trial period upon receipt of timely $1,529.55 ...

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