Swift Beef Co. v. Alex Lee, Inc. (Lawyers Weekly No. 004-005-18, 5 pp.) (Max Cogburn Jr., J.) 5:17-cv-00176; W.D.N.C. Holding: The defendant-landlord argues that the parties’ lease is linked to their purchase agreement and that the plaintiff-tenant’s failure to perform ...

Tagged with: Lease

A Mecklenburg County judge has awarded $1.15 million to the former landlords of a commercial property in Charlotte. The court found that Capital Bank had violated its obligation of good faith and fair dealing by misleading the landlords into believing ...

Tagged with: Lease

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.

Tagged with: Contract Damages Lease statute of frauds

NRC Golf Course, LLC v. JMR Golf, LLC. The parties' option agreement included as its price term only "fair market value at exercise date validated by an independent third-party appraisal." This option lacks a sufficient method by which to . . .

Tagged with: Appraiser estoppel Fair Market Value Lease Real Property

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.).

Tagged with: developer & builder fees general contractor Lease Mecklenburg County

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.

Tagged with: Civil Practice Commercial Lease Contract Dare County Lease res judicata summary judgment