Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
00CA0593
|
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 | |
19535-0-III
|
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 | |
G024997
|
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 | |
B135510
|
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 | |
99-56770
|
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 | |
19581-3-III
|
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 | |
99-56455
|
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 | |
19218-1-III
|
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 | |
18935-0-III
|
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 | |
A090915
|
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 | |
B141017
|
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 | |
S067271
|
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 | |
00SC56
|
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 | |
A089533
|
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 | |
F033184
|
Morton Engineering & Construction Inc. v. Patscheck
Subcontractor may seek penalties for nonpayment in contractor-disciplinary proceeding or in civil action. |
Contracts |
|
Jun. 28, 2001 | |
G027378
|
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 | |
19000-5-III
|
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 | |
00-6183
|
McCurdy v. American Biomedical Group, Inc.
Order |
Contracts |
|
Jun. 3, 2001 | |
67796-4
|
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 | |
99-7091
|
Farmland Industries Inc. v. Wilson Gas and Oil Inc,
Order |
Contracts |
|
May 16, 2001 | |
00-3000
|
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 | |
18600-8
|
Kenney v. Read
Court may consider underlying contract in determining whether beneficiary has performed terms of credit. |
Contracts |
|
May 13, 2001 | |
19010-2-III
|
Gemini Farms LLC v. Smith-Kem of Ellensburg Inc.
There is no justification for prejudgment interest where chemical company's negligence liability is far outweighed by its counterclaim for outstanding balance. |
Contracts |
|
May 13, 2001 | |
99-6308
|
Scrivner v. Sonat Exploration Co.
Settlement agreement requires defendant to increase royalty assignment for all properties referenced in agreement. |
Contracts |
|
May 9, 2001 | |
17699-1
|
Harting v. Barton
Professional liability standard for farmers is based upon local practice rather than statewide practices. |
Contracts |
|
May 9, 2001 | |
99-3046
|
Privitera v. Dillard Department Stores
Order |
Contracts |
|
May 7, 2001 | |
99CA0149
|
National Propane Corporation v. Miller
Covenant not to compete breached by loan of money and lease of property to competing business. |
Contracts |
|
May 6, 2001 | |
24417-9
|
Moldt v. Tacoma School Dist. #10
Teacher's hired to cure shortage of substitute teachers are 'replacement' employees and thus are not entitled to continual contractual rights. |
Contracts |
|
May 3, 2001 | |
46056-1
|
Stein v. Geonerco Inc.
Warranty for home purchase requires that construction defect claim be resolved through arbitration. |
Contracts |
|
Apr. 29, 2001 | |
45471-4
|
Bishop v. Hansen
Statute of frauds is not violated when real estate brokerage agreements based on commission fail to include listing price or date signed. |
Contracts |
|
Apr. 27, 2001 |