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Name Category Published
Allen v. Smith
Residential purchase agreement containing liquidated damages clause is not option contract. 		Contracts Jan. 2, 2002
Flores v. Transamerica Homefirst Inc.
One-sided arbitration provision in reverse mortgage agreement will not be enforced. 		Contracts Dec. 17, 2001
Bennett v. Appaloosa Horse Club
Forum selection clause in membership agreement that is not contract of adhesion or unreasonable is enforceable. 		Contracts Dec. 7, 2001
DP Aviation v. Smiths Industries Aerospace and Defense Systems LTD
Aviation manufacturer is required to pay commissions for business initiated prior to termination of contract with sales agency. 		Contracts Dec. 6, 2001
Humetrix Inc. v. Gemplus SCA
Manufacturer of data card breached oral contract with health care consultant. 		Contracts Dec. 6, 2001
Echo Acceptance Corp. v. Household Retail Services Inc.
Credit card company breached contract by failing to continue payments on accounts it purchased. 		Contracts Nov. 29, 2001
Reese v. Wong
Plaintiff is entitled to damages that existed at time of breach, not time of trial. 		Contracts Nov. 28, 2001
Rogers v. Westerman Farm Co.
'At the well' and 'at the mouth of the well' lease language is silent with respect to allocation of all costs. 		Contracts Nov. 20, 2001
Atmel Corp. v. Vitesse Semiconductor Corp.
Non-solicitation clause in employment contract does not prohibit all contact by former employees with co-employees. 		Contracts Nov. 19, 2001
U.S. v. Gamma Tech Industries Inc.
District court properly ordered restitution even though government did not initiate restitution request. 		Contracts Nov. 13, 2001
Acree v. General Motors Acceptance Corp.
Party breached contract by using accelerated method in computing unearned premium refunds on collateral protection insurance without disclosing method to borrowers. 		Contracts Nov. 13, 2001
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
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