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Tag Archives: statute of frauds

Contract – Statute of Frauds – Specially Manufactured Goods – Partial Production – Repudiation (access required)

KDH Defense Systems, Inc. v. Eagle Industries Unlimited Even if the court was wrong to instruct the jury to decide whether plaintiff made a substantial beginning of “the manufacture of the entire order” of large bulletproof panel inserts, the error was harmless because the jury awarded plaintiff damages only as to the 548 inserts it actually produced. The jury did not award plaintiff damages for the 644 inserts that defendant orally ordered but repudiated before they were produced.

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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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Labor & Employment – Contract – Covenant Not to Compete – Civil Practice – Diversity Jurisdiction – Amount in Controversy – Statute of Frauds — Scope (access required)

ISCO Industries v. Erdle The plaintiff-employer contends that, in the 36-month time frame of the parties’ covenant not to compete, the defendant-sales manager would normally generate tens of millions of dollars in sales and profits for plaintiff. Since the amount-in-controversy requirement of 28 U.S.C. § 1332(a) is satisfied if either a gain or a cost exceeds $75,000, and since the parties are diverse, this court has jurisdiction over plaintiff’s claim of a breach of the parties’ covenant not to compete. Defendant’s motion to dismiss is denied.

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