Kyle v. Felfel (Lawyers Weekly No. 011-228-17, 16 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (Yvonne Evans, J.) N.C. App. Holding: The defendant-tenants signed a $200,000 promissory note in consideration of the plaintiff-landlord’s grant of an option ...

Tagged with: statute of frauds

Cooper v. Cameron (Lawyers Weekly No. 15-16-0417, 13 pp.) (Linda Stephens, J.) Appealed from Carteret County Superior Court (Phyllis Gorham, J.) N.C. App. Unpub. Holding: Where plaintiff, defendant and a third, now-bankrupt, party decided to develop a condominium project in ...

Tagged with: failed development statute of frauds

Valentine v. Sugar Rock Inc. (Lawyers Weekly No. 15-01-0319, 6 pp.) (King, J.) No. 12-2273, April 2, 2015; USDC at Clarksburg, W.Va. (Keeley, J.) 4th Cir. Holding: The 4th Circuit vacates summary judgment for a plaintiff pursuing an accounting of ...

Tagged with: statute of frauds

Macon Bank, Inc. v. Gleaner (Lawyers Weekly No. 15-07-0241, 12 pp.) (Donna Stroud, J.) Appealed from Macon County Superior Court (Bradley Letts, J.) N.C. App. Holding: Each of the parties’ two promissory notes qualifies as a commercial loan commitment exceeding ...

Tagged with: mortgages statute of frauds

Nixon Associates, LLC v. Brown (Lawyers Weekly No. 15-16-0058, 14 pp.) (Mark Davis, J.) Appealed from New Hanover County Superior Court (W. Allen Cobb Jr., J.) N.C. App. Unpub. Holding: According to defendant-tenant Brown, when she expressed doubt that her ...

Tagged with: Landlord/Tenant statute of frauds

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.

Tagged with: statute of frauds

Hankins v. Bartlett Where any contract between the parties’ parents to maintain joint and mutual wills would have necessarily involved devising real property, any such contract would be subject to the statute of frauds.

Tagged with: statute of frauds

Hankins v. Bartlett: A father’s memorandum that he had sold his business and its “assets” to his daughter and son-in-law was insufficient to transfer title of the land on which the business sits.

Tagged with: Real Property statute of frauds trusts & estates

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

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.

Tagged with: Civil Practice Contract Covenant Not to Compete Labor & Employment statute of frauds