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Tire Shredders Inc. v. Pima County
Board of supervisors has broad discretion to award contract to bidder most advantageous to county, not just to lowest bidder.
Contracts May 18, 1999
Santisas v. Goodin
Attorney fees for contract claim, but not tort claim, are barred following pretrial voluntarily dismissal.
Contracts May 13, 1999
C-470 Joint Venture v. Trizec Colorado Inc.
Covenant to convey property is enforceable where third party can be identified.
Contracts May 10, 1999
Wolsey Ltd. v. Foodmaker Inc.
Federal Arbitration Act applies to development agreement that provides for non-binding arbitration.
Contracts May 6, 1999
Bionghi v. Metropolitan Water District of Southern California
Extrinsic evidence is inadmissible to show that an integrated contract could only be terminated for good cause.
Contracts Apr. 29, 1999
A.M. Classic Construction Inc. v. Tri-Build Development Co.
Where essential question is inadvertently omitted during arbitration, arbitrator may amend award to resolve omitted question.
Contracts Apr. 28, 1999
Moncrief v. Williston Basin Interstate Pipeline Co.
Buyer isn't obligated to purchase gas not attributable to lands committed to the contract.
Contracts Apr. 20, 1999
Winograd v. American Broadcasting Company
Trial court's interpretation of an agreement stands even when multiple inferences can be drawn.
Contracts Apr. 14, 1999
Exxess Electronixx v. Heger Realty Corp.
Real estate broker isn't entitled to attorney fees in action regarding commercial lease that was dismissed.
Contracts Apr. 13, 1999
Battuello v. Battuello
Equitable estoppel bars statute of limitations defense in action for breach of contract to make will.
Contracts Apr. 13, 1999
All West Electronics Inc. v. M-B-W Inc.
Lack of privity bars contractor's implied warranty claim against manufacturer of leased equipment.
Contracts Apr. 13, 1999
Webb v. El Dorado Colleges Inc.
Alleged fraud which could provide basis for rescission of contract doesn't preclude enforcement of arbitration clause.
Contracts Apr. 13, 1999
Morey v. Vannucci
Need to resolve conflicts in extrinsic evidence renders interpretation of contract term a jury question.
Contracts Apr. 13, 1999
Knott v. McDonald's Corp.
Franchise sale agreement divests former franchisee of right to sue franchisor for breach of contract.
Contracts Apr. 12, 1999
Gamble Simmons & Company v. Kerr-McGee Corporation
Where a contract is unambiguous, extrinsic evidence is inadmissible if it will alter its reasonable interpretation.
Contracts Apr. 12, 1999
Oliver v. Bradshaw
Attorney fees aren't statutorily barred when provision is included in agreement underlying action.
Contracts Apr. 2, 1999
Deberard Properties, Limited v. Lim
Borrower cant waive anti-deficiency laws in forbearance agreement postdating original note and deed of trust.
Contracts Apr. 2, 1999
FSPP v. City of Los Angeles
No contract liability or estoppel against city absent compliance with charter provisions concerning contract formation.
Contracts Apr. 2, 1999
FSPP v. City of Los Angeles
No contract liability or estoppel against city absent compliance with charter provisions concerning contract formation.
Contracts Apr. 2, 1999
Damian v. Tamondong
Defendant in voluntarily dismissed deficiency action under Rees-Levering Act may be entitled to attorney fees.
Contracts Apr. 1, 1999
Miracle Auto Center v. The Superior Court of San Mateo County (Pacific Specialty Insurance Company)
In commercial general liability insurance policies, 'standard time' is the time presently in use in the state.
Contracts Apr. 1, 1999
Schwab Sales Inc. v. GN Construction Co. Inc.
A trial de novo may be held on appeal from arbitration arising out of contract, and attorney fees for arbitration proceeding may be awarded.
Contracts Mar. 29, 1999
Rocky Mountain Microsystems Inc. v. Public Safety Systems
Order
Contracts Mar. 26, 1999
Sun Microsystems Inc. v. Microsoft Corp.
Distribution of non-complying software pursuant to a contract may be enjoined for trademark infringement.
Contracts Mar. 26, 1999
Damian v. Tamondong
Defendant in voluntarily dismissed deficiency action under Rees-Levering Actmay be entitled to attorney fees.
Contracts Mar. 24, 1999
Maglica v. Maglica
Measure of quantum meruit is value of services rendered, not amount of benefit conferred.
Contracts Mar. 22, 1999
Marks-Foreman v. Reporter Publishing Co.
Settlement agreement isn't enforceable because parties never agreed to terms.
Contracts Mar. 19, 1999
O.P.C. Farms Inc. v. Conopco Inc.
Order appointing arbitrator after parties were unable to select one isn't appealable.
Contracts Mar. 18, 1999
Maglica v. Maglica
Measure of quantum meruit is value of services rendered, not amount of benefit conferred.
Contracts Mar. 17, 1999
Badie v. Bank of America
Bank can't unilaterally impose binding arbitration clause on credit card customers who haven't consented to it.
Contracts Mar. 11, 1999