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Tag Archives: Lease

Contract – Statute of Frauds – Lease – Damages – Due Dates & Cure Provision (access required)

Plasma Centers of America, LLC v. Talecris Plasma Resources, Inc. The parties’ contract plainly states that no rights and duties were created other than those expressly stated in the contract. Nothing in the contract explicitly – or even implicitly – states that plaintiff will assign its leases to defendant. Therefore, the trial court correctly concluded that oral modification of the parties’ contract was not barred by the statute of frauds.

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Reversal sends suit over $2.3 million fee back to Union County (access required)

Charlotte attorney James B. Gatehouse of Rayburn Cooper & Durham said he always hopes for an amicable result in litigation, especially in complicated construction matters. That said, "I anticipate that this one will be tried," Gatehouse said of Signature Development, LLC v. Sandler Commercial at Union, LLC (Lawyers Weekly No. 10-07-1057, 33 pp.).

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Contract – Commercial Lease – Civil Practice – Res Judicata – Option Contract – Lease – Summary Judgment (access required)

Bear v. Exotic Imports, Inc. Res judicata bars a plaintiff's claim for past-due rent under a lease with an option contract that was previously the subject of a suit between the parties. The issue of past-due rent was repeatedly raised by the plaintiff in the prior proceeding and denied by the trial court.

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