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Island Insurance Co. v. Hawaiian Foliage & Landscape Inc.
State and federal governments are intended beneficiaries of surety contract to extent of subcontractor's past due tax obligations.
Contracts May 13, 2002
Beaudry v. Insurance Co. of the West
Summary judgment on breach of contract claim is improper when evidence supports conflicting inferences regarding contract terms.
Contracts May 10, 2002
Bort v. Parker
Construction contractor's breach of contract claim against home owner was prematurely dismissed.
Contracts May 7, 2002
Varsity Gold Inc. v. Porzio
Court did not err by concluding that noncompetition agreement was not enforceable.
Contracts May 7, 2002
Copeland v. Baskin Robbins USA
Contract to negotiate agreement is enforceable.
Contracts Apr. 29, 2002
Curragh Queensland Mining Limited v. Dresser Industries Inc.
Claim by buyer for true fix of machinery is not barred by statute of limitations of Uniform Commercial Code.
Contracts Apr. 29, 2002
United States Cellular Investment Co. of Los Angeles Inc. v. GTE Mobilnet Inc.
Summary judgment is proper when there is no genuine issue of material fact based on plain language of agreement.
Contracts Apr. 15, 2002
Amelco Electric v. City of Thousand Oaks
Abandonment theory of liability does not apply against public entity on competitively bid contract.
Contracts Apr. 3, 2002
Crowell v. Downey Community Hospital Foundation
Parties cannot contractually provide that arbitration award is subject to judicial review.
Contracts Mar. 26, 2002
Board of County Commissioners of Adams County v. City and County of Denver
Liquidated damages clause in intergovernmental agreement is enforceable against breaching party.
Contracts Mar. 21, 2002
Amelco Electric Co. v. City of Thousand Oaks
City's dramatic expansion of work to be performed by electrical contractor subjects it to liability for abandonment of contract.
Contracts Mar. 19, 2002
Crowe v. Hickman's Egg Ranch Inc.
Contractor that was not licensed when project began is not entitled to recover for unpaid work.
Contracts Mar. 13, 2002
Rocky Mountain Rhino Lining, Inc. v. Rhino Linings USA, Inc.
Failure to provide exclusive service territory constituted violation of Colorado Consumer Protection Act.
Contracts Feb. 28, 2002
CPL LLC. v. Conley
Purchaser of nursing facilities was not entitled to refund of overpayment based on mutual mistake regarding sales contract.
Contracts Feb. 26, 2002
Patton v. Cox
Voluntary witness who participates in quasi-judicial proceeding is not immune from breach of contract action based on testimony.
Contracts Feb. 22, 2002
Tex Enterprises Inc. v. Brockway Standard Corp.
Customer who received assurances from salesman may sue for breach of warranty despite disclaimer printed on invoices.
Contracts Feb. 21, 2002
BII Finance Co. v. U-States Forwarding Services Corp.
Carrier is liable for misdelivery of goods when released without requiring surrender of original bills of lading.
Contracts Feb. 21, 2002
Cissell Manufacturing Comp. v. Park
Buyer can revoke acceptance of defective goods.
Contracts Feb. 19, 2002
Filho v. Rodriguez
Broker of rental property is an agent of the owners for purposes of damages lawsuit.
Contracts Feb. 19, 2002
U.S. v. Distefano
Government's action to collect on defaulted student loan is not barred by statute of limitations.
Contracts Feb. 15, 2002
East Texas Seismic Data v. Seitel Data Inc.
Party cannot sell or license information to other entities without accounting to joint venturers for profits.
Contracts Feb. 13, 2002
CPI Builders Inc. v. Impco Technologies Inc.
Court errs in vacating order compelling binding arbitration when withdrawal was not communicated before party accepted offer to arbitrate.
Contracts Feb. 11, 2002
O'Byrne v. Santa Monica Hospital Medical Center
Medical staff bylaws, which were incorporated into application, will not qualify as contract between physician and medical center
Contracts Feb. 1, 2002
Webco Industries Inc. v. Thermatool Corp.
Consequential damage award was proper to cover repair costs where breaching party failed to comply with performance guarantee.
Contracts Jan. 31, 2002
DSHS v. St. John Medical Center
Services provided by health care provider were not covered by contract that had been modified.
Contracts Jan. 30, 2002
Sherman v. First American Title Insurance Co.
Real estate salesperson is incidental beneficiary and not entitled to direct payment of commissions from title companies.
Contracts Jan. 23, 2002
The Power PEO Inc. v. Employees Insurance of WAUSAU
Order of specific performance requiring insured to provide Letter of Credit as set out in contract for workers' compensation policy is proper.
Contracts Jan. 23, 2002
Opinion of Bill Lockyer
City may contract with other city for law enforcement services where council member previously employed by other city and receives PERS benefits.
Contracts Jan. 14, 2002
California Medical Assn. Inc. v. Aetna U.S. Healthcare of California Inc.
Healthcare provider is not liable for failure of intermediary to pay physicians for medical services.
Contracts Jan. 11, 2002
Rodriquez v. Bowhead Transportation Co.
Contract between stevedore and time charterer did not create duty of care toward injured longshoreman.
Contracts Jan. 7, 2002