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Sandstone Investments I LLC v. A. Everett Williams 1963 Trust
Failure to close on real estate transaction by contract date made backup contract effective.
Contracts Nov. 11, 2001
Sea Coast Foods Inc. v. Lu-Mar Lobster and Shrimp Inc.
Company was not entitled to all attorney fees and costs simply because it accepted Rule 68 offer of judgment.
Contracts Oct. 30, 2001
Hersh Companies Incorporated v. Highline Village Associates
Claims based on breach of warranty to repair or replace are governed by general statute of limitations for contract and warranty actions.
Contracts Oct. 19, 2001
Yang Ming Marine Transport Corp. v. Okamoto Freighters Ltd.
Court errs in awarding summary judgment on indemnification claim when documents indicate that carrier was shipper and thus required to indemnify carrier.
Contracts Oct. 8, 2001
Dahl v. Parquet and Colonial Hardwood Floor Co. Inc.
Party to binding arbitration is not entitled to trial de novo.
Contracts Sep. 23, 2001
Rocky Mountain Health Maintenance Organization Inc. v. Colorado Dept. of Health Care Policy
Trial court's determination that state agency breached contract with HMO supported by factual findings.
Contracts Sep. 18, 2001
Academy of Charter Schools v. Adams County School District No. 12
Charter school is authorized to sue its local school district to enforce service agreements.
Contracts Sep. 18, 2001
Martin v. Wells Fargo Bank
Since primary purpose of business credit card is commercial, banks may offset debts incurred in its use.
Contracts Sep. 12, 2001
Saks v. Charity Mission Baptist Church
Church is not liable for reverend's fraudulent scheme to obtain government loan.
Contracts Sep. 11, 2001
Donovan v. RRL Corporation
Used-car dealership may rescind contract created by public advertisement where unilateral mistake of fact occurred as to price of vehicle.
Contracts Sep. 11, 2001
S. Development Co. v. Pima Capital
Vendor of commercial property must disclose latent defects despite "as is" provision in sales contract.
Contracts Sep. 10, 2001
Lite-On Peripherals Inc. v. Burlington Aire Express Inc.
Consignor of goods was party to contract evidenced by bill of lading with full rights to enforce its terms.
Contracts Sep. 9, 2001
National Environmental Service v. Ronan Engineering Company
Court properly instructed jury to consider parties' objective intent in determining whether valid contract was formed.
Contracts Sep. 9, 2001
Agritrack, Inc. v. Dejohn Housemoving, Inc.
Supreme court upholds trial court's award of attorney fees in express as well as implied contract claims.
Contracts Sep. 6, 2001
Harrison v. Wahatoyas, L.L.C. a Colorado limited liability company.
Among other things, 'D'Oench' doctrine prohibits debtor from enforcing agreement that wasn't clearly written to benefit debtor.
Contracts Aug. 23, 2001
Opinion of Bill Lockyer, Attorney General
State employee's spouse may contract with employee's department if employee is not part of business and does not participate in department's decision.
Contracts Aug. 22, 2001
Holland v. Morse Diesel International Inc.
Unlicensed subcontractor is not precluded by Business and Professions Code from bringing civil rights action under federal statute.
Contracts Aug. 14, 2001
Jones v. Wagner
Partner had no obligation to make mortgage payment for defaulting partner in absence of agreement to do so.
Contracts Aug. 13, 2001
National Concrete Cutting v. Lumpkin Inc.
Concrete cutter who employs specialized equipment and tools is not provider of supplies but provider of services.
Contracts Aug. 12, 2001
Sportsman's Quikstop I, Ltd. v. Didonato
Uniform Arbitration Act requires that challenges to arbitration awards be brought within thirty days.
Contracts Aug. 7, 2001
Kittitas Reclamation District v. Spider Staging Corp.
Statute of limitations for breach implied warranty of fitness begins upon tender of delivery, whether goods are conforming or nonconforming.
Contracts Aug. 5, 2001
Donovan v. RRL Corp.
Vehicle Code Section 11713.1(e) imposes a duty upon an automobile dealer to sell a car at the price erroneously advertised in the newspaper.
Contracts Aug. 3, 2001
Denver D. Darling Inc. v. Controlled Environments Construction Inc.
Subcontractor entitled to payment for work despite allegedly failing to meet contract specifications.
Contracts Jul. 25, 2001
Boulder Fruit Express & Heger Organic Farm Sales v. Transportation Factoring, Inc.
Factoring agreements do not per se breach Perishable Agricultural Commodities Act trust.
Contracts Jul. 25, 2001
Smith v. Skone & Connors Produce Inc.
Commission merchant's charges were disclosed as express term in contract and are enforceable even if illegal.
Contracts Jul. 22, 2001
Vestar Development II LLC v. General Dynamics Corp.
Prospective buyer of real estate cannot seek lost profits for breach of agreement to negotiate because they are too speculative.
Contracts Jul. 17, 2001
Rigos v. Cheney School District No. 360
Jury must determine if school district was mistaken about pay schedule requirements for teacher.
Contracts Jul. 16, 2001
McCandlish Electric Inc. v. Will Construction Co.
Although unethical, state law does not prevent bidders from substituting subcontractors after public works contracts are accepted.
Contracts Jul. 15, 2001
Marin Storage & Trucking Inc. v. Benco Contracting & Engineering Inc.
Contract of adhesion is enforceable unless it is procedurally and substantively unconscionable.
Contracts Jul. 12, 2001
Pink Dot Inc. v. Teleport Communications Group
Telephone company cannot avoid lawsuit for promising to provide services it was incapable of delivering.
Contracts Jul. 10, 2001