Xxxxxx vs. Xxxxxx Facts: Plaintiff gives birth to a son. The baby’s Grandfather is the defendant. Defendant agrees to pay plaintiff is she will marry his son (baby’s father). The son leaves plaintiff. Defendant argues he shouldn’t have to pay plaintiff because there was no consideration Ruling: Court disagrees and holds for plaintiff Significance: Courts don’t care about the amount of consideration unless it is a peppercorn Aydin Corp v. US Facts: NAVALEX solicited orders for radio sets and Xxxxx submits a bid for $158,800 per radio NAVALEX selected plaintiffs bid, then plaintiff learned of a competitors much higher bid Ruling Court states the plaintiff appears to have made an error in judgment not calculation per se Significance: Courts don’t provide relief for errors in judgement Kase vs. French & French Facts: Xxxxxx XxXxxxxxxx becomes friends with Mr. & Xxx. Xxxxxx and xxxx’s her house to them with a 1% seller financed loan The French’s give Xx. XxXxxxxxxx an apartment within the house Ruling: Court ruled the French’s owed a duty of good faith & did not engage in undue influence Significance: Undue influence only works as a defense when one party has a lot of influence on another Chapter 10 Xxxxxx & Xxxxx vs. Xxxx Facts: Plaintiff built a house for defendant and was supposed to use “Reading” pipe but used another type of pipe. Defendant moves in and refuses to make the final payment and demands reconstruction Ruling: Court holds plaintiff used a similar quality of pipe and provided substantial performance. Damages are the difference between value of what was provided versus promised Significance: Substantial performance is made in good faith but not to the exact letter of the contract Material breach happens only when a party fails to perform a significant duty under their contract Xxxxxxx vs. XxXxx Facts: Plaintiff underwent surgery to repair scarred tissue on hand. Doctor had promised 100% good hand Doctor grafted from a part of the body that grew hair Ruling: Court uses expectation damages measure and the basis was the difference between a good hand and the hand received Significance: Example of expectation damages; difference between where plaintiff expected to be after performance and where they were after the breach Bain vs. Xxxxxxxxx Facts: Bain is a referee who makes a bad call during an important Hawkeye basketball game Xxxxxxxxx operates a T-shirt shop and create a t-shirt with the words “Xxx Xxxx Fan Club” and the picture of a man in a noose Bain sues ...
Xxxxxx vs. EarthFirst NextGas, Inc., Case No. 2003-9556-C-8, in the Circuit Court for Pinellas County, Florida.
Xxxxxx vs. Xxxxxxxxxxx X. Xxxxxxx, National Car --------------------------------------------------------- Rental, in Superior Court of Gwinnett County, GA. Answer has been filed by ------ counsel selected by Xxxxxxx'x insurer. See also Schedule 2.14. ------------- M E M O R A N D U M TO: File DATE: September 3, 1997 FROM: Xxxxx X. Xxxxx FILE: 50558.000013 XXXXXXX FASTENERS INC. V. IDEAL FASTENER CORP. -- LITIGATION SUMMARY -------------------------------------------------------------------- In February 1996, Xxxxxxx Fasteners Inc. ("Xxxxxxx"), sold its Zipper Division to Ideal Fastener Corp. ("Ideal"), a Delaware corporation with its principal place of business in Oxford, North Carolina. The contract by which the parties consummated this sale is styled the "Asset Acquisition Agreement". Under the terms of the Agreement, Ideal purchased Xxxxxxx'x entire zipper operation, including plant equipment, field equipment (equipment owned by Xxxxxxx but leased to its customers and located at the customers' places of business), inventory (including raw materials, work-in-process, and finished goods), contracts, permits and licenses, goodwill, and other tangible and intangible assets. Ideal paid for the Division by making a $200,000 cash payment and executing a Note and Security Agreement in Xxxxxxx'x favor in the amount of $1,674,512. Per the Agreement, the parties adjusted the amount of the Note in April 1996 to account for changes and conversion of inventory during the transition period. The adjusted amount of the Note was approximately $1,450,000. The interest rate on the Note is 4%. Hunton and Xxxxxxxx partner J. Xxxxxxx Xxxxxxx and associate Xxxxx X. Xxxxxx served as counsel for Xxxxxxx for the initial deal, but were not involved with the subsequent adjustment. The installment payments due under the Note are tied to specific assets transferred under the Asset Acquisition Agreement. For example, there is a series of monthly installments expressly marked as payment for the field equipment; there are also two series of quarterly installments expressly marked as payment for different types of inventory. These various series of payments have run concurrently from the date of the Agreement. The final payment is due in February 1999. Since April 1996, Ideal has failed to make several payments when due, or has made only partial payments, based on Ideal's assertions that it did not receive certain items or quantities of the equipment and inventory that it purchased under the Asset ...
Xxxxxx vs. Xxxxx Xxxxxxx: An agent refused to hand over the account books of a business to the new agent unless the principal released him from all liabilities. The principal had to give a release deed. held the deed was given under coercion and was voidable at the option of the principal. Sometimes a party is compelled to enter into a contract against his will as a result of unfair persuasion by the other party.
