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Name Category Published
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
Snukal v. Flightways Manufacturing Inc.
Contract between corporation and person binds corporation even if officer lacked authority to do so, provided other party not aware of lack of authority. 		Contracts Jul. 9, 2001
Colantuno v. A. Tenenbaum & Co.
Joint debtor's proportionate share of indebtedness under Joint Rights and Obligations Act should be calculated on per capita basis. 		Contracts Jul. 9, 2001
Ratcliff Architects v. Vanir Construction Management Inc.
Demurrers were properly sustained against party that did not have standing to sue under terms of contract. 		Contracts Jun. 29, 2001
Morton Engineering & Construction Inc. v. Patscheck
Subcontractor may seek penalties for nonpayment in contractor-disciplinary proceeding or in civil action. 		Contracts Jun. 28, 2001
Bolter v. Superior Court (Harris Research Inc.)
Clause in franchise agreement mandating that all disputes be arbitrated in Utah is unduly unfair and, thus, unconscionable. 		Contracts Jun. 28, 2001
Luvaas Family Farms v. Ferrell Family Farms
Courts are required to modify arbitration awards that address issues parties did not submit to arbitration. 		Contracts Jun. 18, 2001
McCurdy v. American Biomedical Group, Inc.
Order 		Contracts Jun. 3, 2001
M.A. Mortenson Company Inc. v. Timberline Software Corp. & Softworks Data Systems
Limitation on consequential damages enclosed in shrink-wrap license accompanying software is enforceable against purchaser of licensed software. 		Contracts May 17, 2001
Farmland Industries Inc. v. Wilson Gas and Oil Inc,
Order 		Contracts May 16, 2001
Commerce Bank v. Chrysler Realty Corp.
Assignee can acquire no more rights than those of assignor, risking that rights may be subject to account debtor's claims or defenses. 		Contracts May 16, 2001
Kenney v. Read
Court may consider underlying contract in determining whether beneficiary has performed terms of credit. 		Contracts May 13, 2001
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