Court Filter
FEDERAL COURTS
STATE COURTS
Apply Filter
Judge Filter
Filter by Judge Name (Beta)
Motion Filter
Filter by Motion (Beta)
*Please select motion
Other Filters
2010 Onwards4212
From 2000 To 20102377
From 1990 To 20001391
From 1980 To 19901307
From 1970 To 19801066
From 1960 To 1970892
From 1950 To 1960818
Before 19503146

Cases cited for the legal proposition you have searched for.

Loading..

Showing 100 of 264 results

...consulting engineer is required only to show that the guaranty is fulfilled. The guaranty does not exclude other representations and undertakings. As has been seen it was expressed in the contract that.... Pierce v. Creecy, 210 U.S. 387. Where a guaranty goes not to newness but to fitness of articles furnished, it is a material fraud to furnish old...articles even if they can meet the test of the guaranty; and the fact that the purchaser may rely on the guaranty does not exclude the possibility that the purchase price was obtained by false...

...conducts its business including its employment undertakings, but it may not do so by trickery or deceit. We therefore hold that every employment contract made under the laws of this State, consonant with...knows that the position is "at-will." In this Court, Merrill has not raised his breach of contract claim. Consequently, the...admitted in his deposition that he knew at all relevant times that it was not. This admission, coupled with the written contract he signed which plainly describes the at-will nature of the employment, is...

...effectively excluded any undertakings not stated in it or incorporated therein by reference, and the words "as outlined in our proposal" referred to the matters contained in the letter stating the proposal and did not ampli...herein" effectively excludes from consideration any such undertakings which are not stated in the contract or incorporated therein by reference. Colonial Development Corp. v. Bragdon...air conditioners, but the letter did not refer to them. The pamphlet made certain statements about the G. E. furnace, which the defendant claims were warranties. The contract was an agreement to...

...left to implication. In form the words of this part of the instrument are the words of the company alone. They occur in the part of the contract which sets forth the company's undertakings, not in the...municipal authorities to regulate the price of water, the subsequent ordinance was not void either as impairing the obligation of a contract, or as depriving the company of its property without due process...to purchase the works at a price to be fixed by appraisers if not agreed upon. The contract contained three distinct parts, first, the promises of the company; next, those of the city; and last, the...

...plaintiffs to enter into the original agreement nor did it induce them to enter into additional undertakings. It did not cause harm to the plaintiffs distinct from those caused by the breach of contract...frustrated because the product he bought is not working properly, his remedy is said to be in contract alone, for he has suffered only `economic' losses." Kennedy v Columbia Lumber Mfg Co...Philadelphia Elec Co, 722 F. Supp. 184, 201 (D NJ, 1989). With respect to the latter kind of fraud, the misrepresentations relate to the breaching party's performance of the contract and do not give rise...

...impairment of health in operating the grocery store and filling station with the assistance of his wife and son. It is beside the point that his activities were not more remunerative, for though the contract...of insurance provided against disability, it did not guarantee success in business undertakings. We are of opinion that the plaintiff, in view of the medical testimony, of his work...to 1927, and then began operating a filling station and small grocery store, and was so engaged at the time of the trial. It is doubtless true that Latimer could not do as much...

...has been so perfected it is an executory contract, and the undertakings of the lessee are conditions precedent, and not conditions subsequent. Webster v. Mann, 52 Tex. 416; New...the recital of a nominal consideration (payment of one dollar) is sufficient to support a contract resting on no mutual undertakings (the question not decided). (P. 591.... If the consideration of one dollar were presumed, it was only a nominal one, and would not govern the character of the contract when it appears that it did not enter into the...

...circumstances under which it is executed is admissible and in no sense violates the parol evidence rule. It is well settled that the parol evidence rule does not apply to collateral undertakings or...agreements that are not contrary to the written contract. Huddleston v. Wheeler Lumber, Bridge Supply Co., Inc., Tex.Civ.App., 75 S.W.2d 715.' Continental Insur. Co. v. Stewart..., '* * * under the well-settled rule that a verbal contract not inconsistent with a writing may consistute an integral part of the whole consideration for the execution and delivery of the written...

...or oral communications or agreements between the parties.... There are no collateral agreements, stipulations, covenants, promises, inducements, or undertakings not expressed herein.... [This Contract] may...not be modified except by a written document agreed to and signed by both [Data Inquiry] and Client that clearly indicates that such secondary written document is intended to modify this Contract...contract, unjust enrichment, and quantum meruit. The Department answered and raised the defense that the action was barred by sovereign immunity because it was not based upon a written contract; it also...

...purchase and sale of real estate, the tenor of which imports mutual undertakings, held in this case to be an absolute contract and not merely an option to purchase. In this case a letter from an executor to.... 378. The record does not show any existing contract which can be enforced by specific performance against the appellant, or any contract binding the appellant existing after...November 7, 1903. The contract does not provide that either the appellee or appellant shall have the option to consider the contract continuing, and enforce the same after the happening of the contingency...

...found in many installment undertakings, providing that any default in installment payments would render the entire balance due. The contract did not recite the total purchase price of the subscriptions...and to remit a similar amount monthly for 30 months. The contract form she signed contained a clause stating that the subscriptions could not be canceled and an acceleration provision similar to that...you had agreed to take. The contract you signed is: Not subject to cancellation after acceptance or verification. "Knowing, therefore, the obligations we have...

...to defend the suits constituted such a breach of the contract that it released the assured from the agreement not to settle the claim without its consent and amounted to a waiver of the condition...., 121 U.S. 264. It is suggested, to be sure, that the plaintiff should have defended the suit against it. But not only was that not one of the plaintiff's undertakings...reasonable ground for believing that if the defendant had not broken its contract it would have been called on to make a payment to the plaintiff, and how much that payment would have been...

...condition precedent to making the contract of December 17th. While the fifth question is not entirely free from doubt, we have concluded that the city's undertakings under the...their position that the project to which the contract applies is not within the purpose for which the bonds were voted. Except as to some of the injunctive relief that was sought, the suit was brought...rehearing was seasonably filed and has not been acted upon. "We respectfully certify the following questions of law: "1. Is the contract of December 17, 1957...

...performed, or that it did not fail to perform the undertakings agreed upon. The validity of the contract, as well as the breach of any of its covenants, cannot defeat the very purpose of the venue...having venue of the suit, not available on a plea of privilege. The merits of the case not being involved, it was not incumbent upon the plaintiff to prove that the covenants in the contract had been...privilege and transferred the cause to Denton County, Texas. We are not in accord with the holding. When a cause is reversed and remanded for a new trial, generally, without instructions...

..., apparently relying on the provisions of the contract that "the said contractor shall or will not claim or be entitled to any compensation for any extra work performed under this contract. It shall be...North Jersey Incinerator refused to accept deliveries from the plaintiff. Notwithstanding these two vital breaches of its contractual undertakings, the defendant did not, however, at any time repudiate...contract did not cast on the plaintiff the duty of separating the garbage from the other refuse of each householder; it was required merely to make separate collections of previously separated garbage...

...deliver bonds, undertakings, recognizances or other written obligations" for ABC in connection with a particular contract. It was not a general power of attorney; it did not authorize Babb to accept...Rule of Civil Procedure 12(b)(2), that they had not been properly served and therefore the district court lacked jurisdiction over them. They also denied the material allegations of the complaint.... Prior to trial, the district court granted Dodco's motion for a nonsuit against KCE after Dodco conceded that it had not properly served KCE. Dodco continued to assert, however, that it had validly...

...collateral undertakings, which the parties did not intend to be merged in the subsequent formal written contract or the deed. There was no evidence that plaintiff intended to surrender or abandon the...seller orally agreed to perform certain collateral undertakings, which the parties did not intend to be merged in either the subsequent formal written contract or deed of conveyance. There is no evidence...Contract of Sale — Agreement Not Intended to Be Merged in Contract or Deed — Case at Bar. — The instant case was an action by the purchaser of certain real estate to recover damages for the seller's...

...in determining the state of affairs established by the contract. The character of the relationship created by the contract must be determined by the undertakings thereof, and not by its recitals...recital in the contract between the Cambridge Gas Company and the Charleston Trust Company that the latter had "agreed to act as trustee of said fund," strongly relied on by the appellees, is not conclusive.... Controlling undertakings of the contract were that the gas company would deposit to its credit in a savings account in the trust company certain funds at specified dates, and that on said deposits the...

...determined would permit regulation of all the undertakings of an insurance company. Here we are not dealing directly with a contract to insure. And certainly it does not follow that because the State has...not in fact promoted by regulating the compensation of insurance agents. Liberty of contract cannot be arbitrarily and unnecessarily interfered with under the guise of protecting...order unless it is made to appear to the satisfaction of the Commissioner of Banking and Insurance that such increase is justifiable. This supplement shall not apply to any contract of life...

...terms. The expression was not used in this contract by engineers or in view of scientific undertakings. It was a part of the agreement between the insurer and the insured, whereby the former limited...question is one of contract between insurer and insured, and not of tort liability as between the injured party and those operating the moving trains. Piper v. Association...must have been close to them to have been struck as he was. It was stipulated in the policy that it did not cover injuries received "while walking or being upon any bridge or road-bed of any railway...

...Report and Recommendation of the Magistrate Judge. The Court will not accept such invitation. Under current Florida law, "contract principles are more appropriate than tort..., if (a) the fraud induced the plaintiff to `enter into additional undertakings' outside the contract, and (b) the plaintiff suffered damages distinct from the breach of contract damages." Id. at...201. However, the Public Service court did not utilize nor comment on the efficacy of this test. That court noted that additional undertakings may be prevented by a...

...) conduct or b) damages separate and distinct from Plaintiff's rights pursuant to contract. Accordingly, Defendant alleges Plaintiff's cause of action is in contract and not in tort...found predominantly in Florida decisions dealing with punitive damages and breach of contract claims. While the Court realizes the issue here is not punitive damages, the rules of law established in...the punitive damages and breach of contract cases are relied upon by the Defendant. The general rule in Florida is that punitive damages are not recoverable for a breach of...

.... Id. at 143. Although the "question is not entirely free from doubt," the court "concluded that the city's undertakings under the contract are not outside the scope of the bond...(1992 Supp. 1994). Legal fees for arbitration of a construction contract are not costs incident to the issuance of bonds, and we have found no case in Texas or another jurisdiction that addresses the...public improvement project may be used for legal fees for arbitration of a contract related to the construction (RQ-0051-JC) Dear Mr. Simpson: You ask whether...

...implementation of the Uniform Commercial Code. Under § 440.2201, "a contract for the sale of goods . . . is not enforceable . . . unless there is a writing sufficient to indicate that a contract for...sale has been made between the parties[.]" The text of § 440.2201 does not say that a quantity term must be included for the contract to be enforceable. But Comment 1 provides, "The only term which must...interpretations by commentators, the Michigan Supreme Court has stated, "Section 2-201 does not require that the terms of a contract for the sale of goods, other than the quantity term, be expressed in writing...

...2002 and August 2004 totaling $184,606 and bringing the contract total to $279,278. As previously indicated, the organ was not ready by March 2005 as required by the agreement...pending projects. Not receiving satisfactory answers to its inquiries, FPCY ultimately cancelled the contract in January 2007 and obtained an organ from another company. On July 26...Schmitt knew payments would not be applied toward completion of FPCY's organ, but that they made the representations to induce FPCY to enter into the contract...

.... Gleed, Mr. Thos. O. Stokes, Mr. Claude Nowlin and Mr. E.W. Clausen were on the briefs, for plaintiff in error. The value of the property found by the Commission was not...inadequate. Increase in wages made in July and August, 1919, were not taken into full account by the Commission. The four and one-half per cent payment under the...license contract with the American Telephone Telegraph Company is a legitimate item of expense. Houston v. Southwestern Bell Tel. Co...

...undertakings. It did not cause harm to the plaintiffs distinct from those caused by the breach of contract. . . ." Id. at 545 (quoting Enter. Grp., Inc.... . . are nothing more than a claim that they did not abide by the accounting and reporting requirements of the contract between the parties." (Defs.' Mot. Summ. J. 3, ECF No. 9) (emphasis in...of the 'economic loss doctrine.'"). A defendant's duty to a plaintiff is a "function of the contract between the parties" if, absent the contract, the harm complained of "would not...

...undertakings set forth in the Ball contract were not merged into the grant of easement, and that these undertakings are enforceable. Moreover, in my opinion, the Ball contract does not alter or...and contract were signed and that the agreement was that they should have free water. Thomas D. Gough testified that he had the same agreement as Ball but not in writing; that he...which "this system" is operated on "these basis." The reference is necessarily to the system and the basis of operating it that existed at the time of the contract. The system now proposed is not that...

.... There is a motion to dismiss, but the constitutional questions appear upon the record and are not so frivolous as to warrant that summary course. The supposed contract arises from a...consumption," c. It is admitted that under the laws of Iowa the rate could be changed by the city, but it is argued that the quoted words import a contract that it shall not be changed to such an extent as to...expressly provided by the Iowa statute, was not to be abridged by ordinance, resolution or contract. Code of 1897, § 725, 22 G.A. (1888) ch. 16. Upon the issue under the Fourteenth...

...to enter into additional undertakings. It did not cause harm to the plaintiffs distinct from those caused by the breach of contract. . . . [Id...property damage through contract, a baseline rule is necessary to protect the average consumer, who is generally not as capable as a commercial entity of protecting himself against the risk of loss...reliance upon the distinction between tort law, which is concerned with safety, and contract law, which is concerned with commercial expectations, and concluded that "this case is [not] distinguishable...

..., put an end to the contract. p. 424 While specific execution is a matter not of absolute right in the party, but of sound discretion in the court, yet if a contract respecting...taking possession of the property sold, in violation of the express provision of the contract of sale, did not involve an election on their part not to demand performance of the contract, the vendors...transfer of the property was to take place not later than the second day of January, 1921, and time was made of the essence of the contract. Nothing in the contract should be...

...city thereby agreed not to erect and maintain waterworks on its own account, in competition with appellant, during the continuance of said contract. A contract entered into within...the authority of a municipal corporation receives the same construction as one entered into between individuals. The purpose of the contract was not to govern the inhabitants of the city, but to...Company, as set out in the above agreement, the city covenanted and agreed, among other things, "not to grant to any other person or corporation, any contract or privilege to furnish water to the city...

...this court as the basis for legislative regulation of prices. The latter power is not only a more definite and serious invasion of the rights of property and the freedom of contract, but its exercise...fact that the contract of fire insurance was personal in character, it was said, did not preclude regulation, and in that connection it was pointed out that insurance companies were so regulated by...accepted by this court as the guiding principle in cases of this character. That this phrase was not intended by its author to include private undertakings, like those enumerated in the statute now...

..."contract with the voters." On the other hand, Hill's summary judgment motion asserted, in relevant part, that the City had not "conveyed" an interest in the property to CPS under section 334.041(b...the City does not recite the specific grounds on which it is based, the sole ground in the City's summary judgment motion with respect to Hill's "contract with the voters" claim was that the express...). Although not binding on us, we note that recent opinions by the Texas Attorney General have recognized the...

...." This witness was asked whether or not he would have purchased or entered into a contract of purchase for those engines if the agent's statement as to him not owing a dime if they were...in no sense violates the parol evidence rule. It is well settled that the parol evidence rule does not apply to collateral undertakings or agreements that are not contrary to the written...appellant's construction and had been given the dignity of a contract or agreement to the effect that it would not be necessary for Gillette to take out insurance to protect his indebtedness to Stewart...

...referred to in the instruments themselves as the work contract, is dated January 29, 1958. The contracts do not themselves touch upon how the City is to finance its undertakings...date was not to become effective until the other one had been signed. The contract to which only the City and the railroad companies are parties bears date of December 17, 1957. The other one, which is...bonds as contemplated, even if the contract of December 17 is valid, it being their position that the project to which the contract applies is not within the purpose for which the bonds were voted...

...undertakings by the purchaser were not absolute, but merely things which were to be done at his option, would not render the contract void as being an option or a unilateral contract, without consideration...other fact rendering the contract inequitable. Courts ought not to arbitrarily fix the consideration of contracts for parties. The parties may understand that one is selling and the other is buying an...option on "blue sky." If the consideration is inadequate, it has been said by our courts many times this alone will not render the contract void. As we conceive it, some fact should be alleged and...

...court, and deprives them of their property without due process of law. The Florida courts did not have the right to substitute assumed judicial notice for the sworn facts pleaded...understand it, this Court was careful to hold that the mere possession of a number of stores was not sufficient foundation for a discrimination between unit store merchants and multiple store merchants; and...illustration is sufficient to show that mere number of stores can not possibly be used as a distinguishing characteristic. The term "chain store operator" is a loose one, and for...

..., believe it or not, plaintiff resists defendant's order to raise its rates. But if madness seems, is method in it, the object, cut-throat competition to a finish anticipated of a rival so lost to...whether or not damned. The issues, evidence and that appeal to the Supreme Court is certain, warrant brevity. Amongst other things the complaint is that plaintiff, in exercise of a...liberty of contract, and (4) of property without due process of law, by the Fourteenth Amendment guaranteed, plaintiff seeks injunction. Defendants move to dismiss...

...misrepresentations, which induced Plaintiff to enter into additional undertakings. These additional undertakingsnot provided for in the contract — included paying more money than required for the presses...Plaintiff. General Rigging claims to have only learned that Plaintiff did not already have a shipping contract in place at this time. (Def.'s Br. in Opp'n 7... delivery of the open-top containers only to learn that Kuehne Nagel was not yet formally under contract with Plaintiff. (Def.'s Br. in Opp'n 8.) On...

...performance of a contract that does not induce a plaintiff to enter into additional undertakings or cause any harm distinct from that caused by the breach of contract does not give rise.... The jury found that Dana had not only breached its contract with Robinson and the warranties made thereunder, but also had made false...detrimental reliance by Robinson nor any evidence demonstrating that Robinson sustained any damages not attributable to Dana's breaches of contract and warranty. Dana's...

...contract absent possible circumstances not present here. Additionally, we hold that the Superior Court did not abuse its discretion in ruling on certain evidentiary matters raised by both parties..., with an employment contract that does not speak to the duration of the contract. See, e.g., Greer v. Arlington Mills.... . . the sediment of an altruistic strain in contract law, and we are therefore not surprised to find the essentials of the modern doctrine well established in nineteenth-century cases...

...respondent does not deny that the contract referred to is subject to examination and scrutiny by the department pursuant to the statute referred to. In brief, the statutory provisions confer upon the...Company under the license contract are of value to its subsidiaries, including respondent. The record in the case at bar amply supports a finding to this effect, and does not support the order of the...under the license contract, the department acted arbitrarily, and as matter of law committed error. We do not, however, hold that the department must approve respondent's agreement to pay to the American...

...employment undertakings, but it may not do so by trickery or deceit." As such, every employment contract in Delaware is subject to an implied covenant...slandered in conjunction with the termination of her employment contract due to the fact that Mr. Goff was present during her termination. On the other hand, Defendants assert that this case does not...that the Offer of Judgment is applicable to all four counts and not determinative of Count I at this point in the litigation. Regardless, both parties appear to be in concert that Count I can be...

..., sufficient to support the contract, has been paid, the fact that further undertakings by the purchasers were not absolute, but merely things which were to be done at his option, would not render the...cents per acre with any term not exceeding ten years. It is further ordered by the court that the county judge shall contract with the lessee to surrender all wells and windmills and improvements placed...treasurer of $10,000 by Slaughter on the contract, and therein declared that it appeared the land had not been sold, and that the title to the same was in Potter county. It was therefore ordered that...

...business including its employment undertakings, but it may not do so by trickery or deceit. We therefore hold that every employment contract made under the laws of this State, consonant with general.... The judgments in favor of Cassandra and John O'Tool on their breach of employment contract claims were not appealed...as part of the contract negotiations). Thus, we conclude the immediate brand name change was not expressly contemplated by the terms of the agreement and could have been considered under plaintiffs...

...plaintiffs to enter into the original agreement nor did it induce them to enter into additional undertakings. It did not cause harm to the plaintiffs distinct from those caused by the breach of contract; and...court held that "[s]ince the contract specifies the law to govern its interpretation, and public policy does not dictate otherwise, the contract will be interpreted under Missouri law...privity. That is, when a plaintiff alleges that a defendant's improper performance of a contract resulted in merely economic losses such as power replacement costs and lost profits, and not physical harm...

..."joint meeting" and the power to enter into a "joint contract for a period not to exceed 40 years." The joint meeting's powers and authorities are set forth. A joint contract is provided for, and "the..., works, facilities, services or undertakings, or any part thereof, by municipalities, who are not members of the joint meeting, and other persons, upon payment of charges therefor as fixed by the...that its facility is very desirable to non-members and be able to contract at a profit. If costs were not fixed reasonably, timely attack could be made upon the validity of the resulting contract...

..., the express warranty contained in the contract of sale between the plaintiffs and defendant is enforceable and did not merge n with the deed at closing. The judgment of the trial court is reversed and...construct the townhouse in a good and workmanlike manner. The parties closed on the contract and the express warranty was not included in the deed. The plaintiffs noticed structural changes and...in the sales contract, which was not included in the deed, merged with the deed at closing and, therefore, was extinguished. The trial court entered judgment for the defendant and the plaintiffs...

...owner, including the right to bring a breach of written contract action within 10 years, not two years, of the completion of the contract; that defendant cannot contract for a shorter period of time...whether the provisions are inserted in such bond or not: "`The principal and sureties on this bond agree that all the undertakings, covenants, terms, conditions...the contract on account of which this bond is given, when such claims are not satisfied out of the contract price of the contract on account of which this bond is given, after final settlement between...

...Marxes' only argument provides as follows: Because the terms of the Seller Financing Addendum to the Farm and Ranch Contract were not amended by the mediated...settlement agreement, there has been no meeting of the minds between appellants and appellee as to those material and essential terms. The mediated settlement agreement is therefore not a complete contract...original Seller Financing Addendum contained in the Farm and Ranch Contract. For this reason, the Marxes conclude, the MSA was unenforceable and specific performance was not available to FDP...

...the control of first party.' The life of the contract was from the date of its execution to October 1, 1949. Its other provisions are not material to the issues here presented...not bind the appellant to produce any of such products. The trial court sustained such exceptions and dismissed the suit upon appellant's refusal to amend. Whether a contract is...be mutual and binding upon both parties, and that a contract which is not obligatory on both is void for want of mutuality. Where there is no consideration except a promise for a promise, mutuality of...

..., 1328-29 (Fed. Cir. 2002) ("Energy Capital's anticipated profits flowed directly from the [breached contract] not from `other independent and collateral undertakings'"; thus, are recoverable as...unpaid contract price. . . ." But, if that measure of damages is not adequate to put the seller in as good a position as performance would have, "then the measure of damages is the profit (including...may deem appropriate. DVP asserts that Count III is not a claim for breach of contract; rather, it is a claim for release of indebtedness. Release is an affirmative defense and...

...new contract was necessary. From the evidence it does not appear whether the railroad company was consulted about these changes or whether its consent was ever given thereto, but it does...in the contract and blueprint attached thereto, and as the accident to Jagoe occurred at a point on the switch track which was not a part of the original switch track described in the contract, there...railroad company, and no notice was ever given to the railroad company that the mining company did not regard or consider the extension of the switch track to be covered by the contract. The mining...

...negotiated terms apply to the full procurement whether or not funding has been approved for all years of the contract. This contract, like all governmental undertakings, contains the panoply of clauses...Labor Statistics ("BLS") index for "Machinery Equipment, Code 11". Based on this index the contracting officer reduced the contract price. Beta states that its costs did not decrease...are not to be eliminated from the contract award price for adjustment purposes. Finally, the November 26, 1982, pre FAA [First Article Approval] authorization only applied to the First Program Year...

...pertaining to ADT's liability in case of loss: The customer does not desire this contract to provide for full liability of ADT and agrees that ADT shall be exempt...standards—the district court held that the parties had entered into only one contract, as the subsequent document did not impose any new obligations on the parties. Ram did not appeal this particular finding..., expressly contradict[s]" a defendant's allegedly fraudulent representations not contained in the contract, a plaintiff's reliance on such representations cannot be reasonable. Id. at 553-54. However...

...not mention the 10b-5 claim. 1. The contract claim The order granting the defendants' motion for judgment n/o/v states only...damages for breach of contract are awarded by the judgment entered on the contract claim, plaintiff may, or may not, claim that there is a hiatus of compensatory damages assertible under the 10b-5...claim and not extinguished by the contract award, and if he claims that hiatus it may, or may not, survive summary judgment. Also, plaintiff may, or may not, claim exemplary damages under 10b-5. If he...

...the breach of contract . . . [w]ith respect to the latter kind of fraud, the misrepresentations relate to the breaching party's performance of the contract and do not give rise to an independent cause...of action in tort. Such fraud is not extraneous to the contractual dispute among the parties, but is instead but another thread in the fabric of [the] plaintiffs' contract claim . . . [It] is.... The Court does not find this argument persuasive. It is fairly clear that Konal's claims were directly relevant to their provision of Systems 1 and 2 in the contract. Moreover, case law requires much...

...promise that purchaser will pay broker's commission was collateral and not merged, despite explicit merger clause in contract, because doctrine of merger "deprives the purchaser of any redress for...covenant may not be invoked to create rights and duties not contemplated by the provisions of the contract or the contractual relationship. Uno...conformed to the parties' reasonable understanding of performance obligations, as reflected in the overall spirit of the bargain, not whether the defendant abided by the letter of the contract in the...

...with communications seeking to collect a debt that Boyles did not owe; and that LVNV had committed the torts of fraud and deceit by suing Boyles to recover a debt that LVNV knew Boyles did not owe. As.... After more than 30 days had elapsed from the date Taylor had signed the return receipt, the circuit court clerk notified Boyles that LVNV had not answered or otherwise defended against Boyles's complaint.... Boyles requested that the circuit court clerk enter a default against LVNV; however, the circuit court clerk did not do so. Thereafter, Boyles moved the circuit court to enter a default judgment...

...collateral and not merged, despite explicit merger clause in contract, because doctrine of merger "deprives the purchaser of any redress for defects in title...not dispute that they entered into a valid contract; however, defendant contends that the complaint fails to allege that it breached the contract. The parties agree that plaintiff asked to use the...party."). This, however, does not necessarily extinguish plaintiff's contract claim. "Where a promisor prevents, hinders, or renders impossible the occurrence of a condition...

..., Agreement Did Not Clearly Indicate Vendor's Relinquished Equitable Remedies In Event Of Default Nor Did Language Of Contract Expressly Foreclose Right To Seek Specific Performance Following Vendee's Breach...contract specific performance is not available as a remedy to the [appellants] for three reasons: First, the parties have fixed a specific sum as liquidated damages; Second, the contract language...." On the other hand, appellants maintain that the contract demonstrates no such thing. Paragraph 14, they argue, does not grant appellee an alternative to performance...

.... However, had the terms "refuses" or "fails" been used, this would not necessarily have evidenced a purpose to leave it to the election of the grantee. We think this contract, as well as the last clause...contract for the sale of land, and not an option. The case of La Prelle v. Brown (Tex. Civ. App.) 220 S.W. 151, reviews the cases in this state and..., 232 S.W. 343. The clause in the contract "all moneys theretofore paid for said oil and gas lease shall be forfeited, and this contract shall be null and void," will not...

...it. It did not do this, and thereupon the assured defended the suit, with the result which has been stated. What was the effect of this breach of the contract by the defendant in error? It had agreed...it to undertake the defense of such suit, it incurred a liability which was not, contingent. Where the insurer has failed to perform its contract, and the accident against the consequences of which...: The defendant in error has filed a petition for a rehearing on the ground that the bill did not allege a breach by the defendant in error of its contract with the Hurst Company to...

...Appeals at Dallas held correctly that said contract was uncertain, vague and unilateral, and not susceptible of specific performance, and in support of the defendant's contentions and the rulings of the..., 54 S.W. 35; Hill v. Brown, 237 S.W. 252. With reference to whether or not the contract in controversy is one undertaking to create a monopoly and...contract should not be pronounced invalid because silent as to the time of performance; since the law would imply a promise to perform in a reasonable time. (P. 287...

...' tort claims of fraudulent and innocent misrepresentation are insufficiently distinct from their breach-of-contract claim to withstand scrutiny under this principle. In response, Plaintiffs do not...bought is not working properly, his remedy is said to be in contract alone, for he has suffered only 'economic losses.' This doctrine hinges on a distinction drawn between transactions involving the...fraud in the inducement). In this case, the parties seemingly agree that the transaction giving rise to Plaintiffs' breach-of-contract claim is not properly characterized as a...

...his final payment for the stock. The Government argues, alternatively, that the document of May 9 was merely an option contract or an alternative contract to buy the stock which was not exercised...until August 9 or that the May 9 document, if it was a sales contract, did not put title in the taxpayer until August 9. In addition, the Government argues that taxpayer was acting as the agent for an..."that said contract will not be fulfilled by reason of the death of [buyer], and in any event the amounts heretofore paid to [seller] as part of the purchase price herein shall be retained by him as...

...contract are clear, "it is the function of a court to enforce it as written and not to make a better contract for either of the parties." Absent...conditions constitutes a breach of contract. It does not matter if the failure to perform was purposeful or inadvertent. Taken from New...dealing from which one party might reasonably infer that the original contract was still in force, and the other that it had been changed, will not support modification...

...maintains that, under the efficient breach doctrine, a breach of contract is not a crime. See Pressman, 679 A.2d at 445. Finally, BFI... The doctrine of efficient breach says that the law should not deter an otherwise socially beneficial, or "efficient," breach of contract by forcing the promisor to compensate...no criminality here because a breach of contract is not an illegal act. That is indeed the general rule. See, e.g., Windsor Sec., Inc. v...

...breach of contract when it violated the NESA and the Transition Agreement. Counterclaim ¶¶ 33–40. Intelsat argues that Juch–Tech's counterclaim does not contain enough factual allegations to constitute...dismiss a complaint based on a contract if the contract unambiguously shows that the plaintiff is not entitled to the requested relief.” DynCorp...that the Transition Agreement contains a similar limitation of liability clause. Pl.'s Mot. at 14. For the same reasons listed above, this clause does not yet warrant dismissal of Juch–Tech's contract...

...undertakings of a governmental body relating to the purposes for which funds shall be used, become a contract with the voters who are entitled to receive substantially all of the benefits and security of...of Dallas, 79 S.W.3d 670, 676 (Tex.App.-Dallas 2002, pet. denied) (extraneous documents are not part of the contract with voters). When election orders are not.... See id. Clearly, subsections (4)(A), (4)(C), and (4)(F) do not apply. Section 334.001(4)(E), amended in 2001 after the adoption of the sales and use tax in your county, does not apply to...

.... The parties dispute which state's laws should be applied—Axiall argues that Pennsylvania law, which does not require privity of contract for breach of warranty claims involving only economic loss...Illinois law, it would not be required to prove privity of contract to maintain its breach of warranty claims. Second, Axiall maintains that even if the Court were to find an actual conflict exists between...first blush, the laws of Illinois and Pennsylvania regarding warranty claims appear to be in conflict—one requires privity of contract while the other does not...

...; Powell v. Penn, 127 U.S. 684. Courts will not assume the function of the legislative branch, Barbier v. Connolly, supra. To be...not the test, Hadachek [Hadacheck] v. Los Angeles, 239 U.S. 394; United States v. Noble, 237 U.S. 78...not such as is inhibited by or as requires compensation under the Constitution. This view is recognized in the case of Interstate Ry. Co. v...

.... Section 10 violates the Fifth Amendment. It impairs, if it does not in fact destroy, the valuable property right of contract. Similar state statutes have been declared...restrictions as the common good or general welfare may require, it is not within the functions of government — at least in the absence of contract — to compel any person in the course of his business, and...sell his labor, and any legislation which disturbs this equality is an arbitrary and unjustifiable interference with liberty of contract. Quaere, and not decided, whether it is within the power...

...which it could not otherwise provide, as a result of the License Contract services. The services rendered under this contract are necessary, they could not be obtained anywhere else, but if they could...company maintained its own laboratories for scientific research. * * * "The judgment of the court is that the contract is not unreasonable, and that the amount of compensation...court is of the further opinion that the complainant gets full value from the American Company under its License Contract, and that the 1 and 1/2 per cent paid by it is reasonable, and there is not...

...lands upon the payment by appellant of his promissory note; that appellant was advised of this resolution, and that the bank did not agree that any written contract was to be drawn other than this...payments is not disputed. Appellees then called as a witness E.E. Flood, who testified to the verbal agreement but denied that any written contract was contemplated by the parties. The resolution...; that at the time stated E.E. Flood, as the president of the bank, by oral agreement sold to appellant the bank's one-half interest in these lands, and agreed to deliver to him a written contract duly and...

..., for which a municipality is not liable. From the consequent judgment plaintiff appeals. The basic facts in the case are these: Brigantine Avenue begins as a paved county highway at...filling with waste materials by both the county and the city from time to time. The process of widening had been completed only recently but the road had not been in good condition for any extended period...last occasion." He said he told the clerk he did not know if the county could do it and suggested it be done by the city. In any event, a...

.... This the Master did. I agree with the majority that it is not the province of the court to renegotiate the parties' contract. However, by holding Weiland responsible for undertakings he did not...renegotiate the price to the satisfaction of all concerned. Mr. Carlson did not say so in so many words but we believe his expressions indicated that his twenty cent contract was on the low side and that...consider it essential, as a matter of law, that they find support in the contract as expressed in Whitney's letter of July 9. Examination of that letter discloses, however, not only the absence of...

...with the undertakings contained in the contract, the claim is that the defendants did not perform their obligations under the contract and therefore the [promissory estoppel] claim should be dismissed...may have a claim for breach of contract. Promissory estoppel is not, however, the appropriate remedy. This claim is therefore dismissed. 2...seeks money damages for injuries allegedly suffered as a result of defendant's breach of its contractual obligations. Accordingly, plaintiff's breach of contract claim is not barred by the four-month...

...and not an absolute liberty to do as one wills or contract as one chooses. The guaranty does not withdraw from legislative supervision the making of contracts or deny to government the power to...last cited case the court said: "`But it was recognized in the cases cited, as in many others, that freedom of contract is a qualified and not an absolute right. There is no absolute freedom to do as...one wills or to contract as one chooses. The guaranty of liberty does not withdraw from legislative supervision that wide department of activity which consists of the making of contracts, or deny to...

...conduct pursued by the Traders General does not square with the standard of good faith and fair dealing which underlies the contract between the parties, and it is therefore without standing to assert...carrier effectively to discharge its duty to defend, its control over the negotiation and litigation must be complete, not undercut by the separate undertakings of the insured. By purchasing insurance, the...company's request, assist in making settlements, in the conduct of suits, * * *. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense...

...with respect to counterfeiting on grounds that the facts alleged did not constitute an offense. On interlocutory review the Court of Appeals concluded that all charges should be dismissed on grounds...constitute the crime of counterfeiting because an airsoft gun is not a written instrument within the meaning of the counterfeiting statute. As to all charges Lin, but not Yao, also argued...” theft. SeeI.C. § 35–45–6–1(e)(14). Although he did not raise it before the trial court, Yao adopted...

...own contract claim alleging that CERAbio failed to provide its end of the bargain under the terms of the Agreement and therefore was not entitled to the final payment. In addition, Wright claimed that...in the performance of the contract. The district court judge granted summary judgment for CERAbio on all of Wright's tort claims. (Wright's contractual claims were not at issue at summary judgment...court aptly determined that the Delaware choice of law provision in the Agreement applied only to those counterclaims sounding in contract law and not Wright's tort claims. (Short App. at 9-10) (R. at...

... that "[t]he genesis of this action is the Southeast floor plan financing agreement, whose written provisions do not support a breach of contract claim against.... Motorcity does not challenge the district court's reading of the written contract; rather, Motorcity relies primarily on alleged oral agreements and representations that Southeast would monitor the...duty to audit the borrower's inventory for the guarantor's benefit, even though the written contract between the lender and the guarantor did not require the lender to do so. Id. at 833-34. During the...

...agreements of this Guaranty is fully performed, the [guarantors'] undertakings hereunder shall not be released, in whole or in part, by any...internal bank documents do not constitute a written modification of the contract of guaranty. Rather, as Godfrey, the bank loan officer, explained in his affidavit, they are nothing more than an expression...was executed in writing. As the contract of guaranty had to be in writing under the Statute of Frauds, “so likewise, under the general rule, any proposed modification thereof, to be effective, must...

...a contract of insurance in this State are free to agree to certain aspects of their mutual undertakings, this Court has made clear that public policy has engrafted significant restrictions on an...rulings. I The factual scenario underlying this dispute between automobile liability carriers is not contested. Howard and...: A. We do not provide Liability Coverages for any person: 6. While employed or otherwise engaged in the "business" of...

...it is not enough that, when one joins with another in a criminal venture, he knows that his confederate is engaged in other criminal undertakings with other persons, even though they be of the same...18 U.S.C. § 3231; and more specifically under 18 U.S.C. § 3237, 3238. We do not find...raised on this appeal. The first relates to the conspiracy count, i.e., whether there were not six separate conspiracies, rather than a single conspiracy. Appellants admit arguendo that they and their...

...be thus imposed on it could not be repaired; and is entitled to recover the cost of repairing that damage, which is the amount that must be expended to build the necessary additional line to connect..., under the right of eminent domain, for not only the actual taking of the property, but also for consequential damage thereto. 5. — Water and Water Courses — Navigable...statutes authorizing such franchise are continuing duties, requiring the construction, and if necessary the reconstruction, of crossing in a manner that will not impair the usefulness of the streams and...

...and the bond amount were $2,491,906.75. At the time the contract was executed, the Village did not have the money to pay Santucci because it had not sold general obligation bonds to finance the project...and that the Village, not Santucci, had breached the contract. The representatives of Santucci requested that Aetna exercise its right to take over performance of its contract with the Village but...conditions: (a) that Aetna, in taking over Santucci's contract, would not be waiving any rights which it may have if it was subsequently determined that Santucci...

...active to get a contract, okay. We ask them to go see a lawyer, to fill out a contract, since they are not sexually active and trying to conceive on their own. So when a couple are not together sexually...into the bathroom alone and returned with a sperm sample in a medical container Ms. Harrison had given him. Mr. Anderson did not speak with anyone at the hospital and gave the sample directly to Ms...provided could not be used because there was blood in the sample and that he needed to provide a second sample for testing. According to Mr. Anderson, he later learned...

...indebtedness attributable to the purchase of its hospital facility on various grounds. The district court ruled that the interest expenses incurred by SPMH were not "proper," and therefore not reimbursable.... See 42 U.S.C. §§ 1395c- 1395i-4. In essence, a provider of services does not bill eligible patients under Medicare for covered services. Rather, the provider is reimbursed by the...direct and indirect costs necessary in the efficient delivery of covered services to Medicare beneficiaries so that such costs will not be borne by non-covered individuals...

...18 U.S.C. § 894, federal criminal "loan sharking" analogue to TILA; "[f]reedom of contract and of speech do not constitute a license to threaten, commit fraud, or practice...some role in other, cases, but are not relevant to the issues here. The precise methods of Diamond/Obie's business practices are still hazy, but this much is reasonably clear...excessively high brokerage fee for arranging the loan, the loan transaction documents would often name Diamond as the lender, in apparent violation of Michigan law. However, Diamond typically was not the...

...example, not later than the end of the current lease period. Nothing in this section should be construed as applying to gasoline sold for aviation purposes. "NOTE...; that the rule lacks factual support; and that promulgating the rule was arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law.... I Our duty here is not simply to make a policy judgment as to what mode of procedure — adjudication alone or a mixed system of rule-making and adjudication...

...entitlements. ( Id. ¶¶ 62, 65.) The handbook also defined itself as “only a general guide” and said it was “not intended to be, and should not be, construed as a contract.” ( Id. ¶ 63...-statutory or ‘common law’ ... provides that an employee who does not have a written contract of employment for a specified period of time can be terminated at any time ... with or without notice or...third person not to continue an existing contract terminable at will does not improperly interfere with the contractual relation if no wrongful means are employed...

.... The short lapse of time mentioned above did not separate the matter into two undertakings nor make of plaintiffs' contract a separate and entirely new enterprise.... Gardner, 61 S.W.2d at 376...the documents include a partial copy of the contract between ATS and Trilogy, they do not include any type of language which would meet even the most minimal of notice requirements. For that reason, the...battery work was not required under the contract and that the drain pipe installation was “a purely incidental and trivial job—a mere makeshift on which to hang an otherwise barred lien...

...enforceability in such a case is not contract but promissory estoppel. See, e.g., Quake Construction, Inc. v. American Airlines, Inc., 565 N.E.2d 990...contract, often is costly and time-consuming. The parties may want assurance that their investments in time and money and effort will not be wiped out by the other party's footdragging or change of heart...letter of intent as the contract of sale? It does not. Damages for breach of an agreement to negotiate may be, although they are unlikely to be, the same as the damages for breach of the final...

...inquiry is not confined to defects in contract formation, but also includes "such grounds as exist at law or in equity for the revocation of any contract." 9...provision is procedurally unconscionable because it is an adhesion contract. In response, defendant does not meaningfully contest the fact that the arbitration provision was offered on a "take-it-or...the FAA does not preempt the unconscionability of any of those challenged clauses. i. Undertakings Clause The clause exempting from arbitration plaintiff's...

...the parties." Hooters of Am., Inc. v. Phillips, 173 F.3d 933, 938 (4th Cir.1999). This inquiry is not confined to defects in contract..., 116 Cal.Rptr.2d 671 (holding contract highly procedurally unconscionable where defendant's employees told plaintiff he "did not have the option of not...unconscionable clauses are severable to the extent the FAA does not preempt the unconscionability of any of those challenged clauses. i. Undertakings Clause...

...assertions of error with regard to the breach of contract claim for the outbound flight: (1) that Defendant had an obligation to cover, and not merely to compensate Plaintiffs, for the cancellation of..., Plaintiffs raise no objection to the Magistrate Judge's recommendation that Defendant did not breach its contract with regard to carriage of their baggage, or with regard to refunds for Mr. and Mrs.... a. Defendant's Obligations Plaintiffs contest Judge Reyes's determination that VAA's contract of carriage did not require it to find...

.... The question is not whether the profits are to be derived from undertakings with third parties, but what the subject and purpose of the contract is."), aff'd in part, vacated in part, and remanded...a filing submitted to the court, the defendant stated that it had "determined based upon the facts in this case and established legal principles, not to contest the existence of a contract or breach...independent and collateral undertakings, although entered into in consequence and on the faith of the principal contract, then they are too uncertain and remote to be taken into consideration as a part of the...

Loading..
Loading..

Please log in or register for a free trial to access these features.

s Register now

Got It