340 results for 'cat:"Property" AND cat:"Contract"'.
J. Kunselman finds that the lower court improperly found that the sellers of a restaurant breached their contract with the buyer in this case wherein the restaurant burned down after the parties signed a sales agreement but before they closed on the deal. The record is devoid of any competent evidence regarding the post-fire value of the property. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 15, 2024, Case #: J-E03003-23, Categories: Insurance, property, contract
J. Hunt grants the suing boiler-leasing company’s motion to dismiss the defendant power plant operator’s counterclaims of fraud. The boiler company sued the plant operator after the plant operator returned one of its leased boilers in damaged condition; the operator in turn claimed the boiler was never in as good of condition as the boiler company claimed. The court finds the power plant operator has failed to sufficiently back up its fraud counterclaims, and dismisses them with prejudice.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: March 14, 2024, Case #: 1:21cv1353, NOS: Other Contract - Contract, Categories: Fraud, property, contract
J. Barrett finds the circuit court improperly divided the marital debts in its divorce decree. Because no reason was given after remand for an unequal distribution of a lawn care business ordered to be subject to a reverse auction, the law requires the property be divided equally. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: March 13, 2024, Case #: CV-22-488, Categories: Family Law, property, contract
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J. Bishop finds the county court properly entered this divorce decree, awarding alimony to the ex-wife. Though the wife's career as a mortgage loan officer was not interrupted by the marriage, and her substantial earnings and receipt of a property settlement could have supported not awarding alimony, her higher earnings as a loan officer did take place during a period of low interest rates. A period of increase during an industry slowdown also resulted in further reduced earnings. Being the alimony order covers only two years, no abuse of discretion is found. The husband, though, is entitled to a nonmarital set off for a down payment made on the marital home purchased before the marriage. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: March 12, 2024, Case #: A-23-030, Categories: Family Law, property, contract
J. Lin dismisses a contract claim in the water product company's complaint alleging that the oil field equipment supplier did not pay what it owed under a distributor agreement and sold counterfeit versions of the water product company's project after the latter ended the agreement. The water product company terminated the agreement instead of affirming and enforcing it through a damages or relief lawsuit, and because the agreement ended, the oil field equipment supplier did not have a duty of non-competition.
Court: USDC Western District of Washington, Judge: Lin, Filed On: March 11, 2024, Case #: 2:23cv1317, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: property, contract
J. Johnson finds the trial court improperly granted the construction company's pretrial motion for summary judgment on the engineering firm's breach of contract claim. Summary judgment evidence submitted by the engineering firm - an email acknowledging a land-for-services provision could not go forward - created genuine issues of material fact on whether an agreement existed. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: March 7, 2024, Case #: 09-22-00120-CV, Categories: Construction, property, contract
J. Garry finds that the lower court properly granted a homeowners' association dismissal of objections to an assessment for replacing a deteriorated harbor without a vote from association members because opting for a per-unit charge was within the association's purview, as the bylaws specifically allow for maintenance assessments to pay for harbor repair and replacement. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: March 7, 2024, Case #: CV-22-2334, Categories: property, contract
J. Harrison finds the circuit court properly entered judgment in favor of the sellers of the country market. The sellers entered into an agreement to sell the market to the daughter of the original owners. The agreement included that the daughter would assume all debts upon purchase. The daughter closed the store after purchasing it and refused to pay the debts, leaving vendors to seek payment from the sellers. Though the daughter argued the jury’s damages award was based on a list of unpaid debts, requiring the jury to speculate, the amounts were certain and not based on speculation. The jury is allowed to assess witness credibility and substantial evidence supports the award of damages. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: March 6, 2024, Case #: CV-23-248, Categories: Debt Collection, property, contract
J. Bishop finds the county court properly divided the marital property in this divorce decree. Though child and cat custody are not at issue, the particular child support and alimony orders are proper due to the ex-husband's extensive travel for work. The ex-wife was almost exclusively responsible for the children's needs, activities and doctor appointments, as well as maintaining the household. The ex-wife also had the more consistent possession of the marital home, which was properly awarded to her. The ex-husband's severance pay was improperly divided, as it is correctly construed as replacing lost future wages. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: March 5, 2024, Case #: A-23-040, Categories: Family Law, property, contract
J. Grasz finds a lower court properly granted an insurance company's motion for summary judgment concerning coverage claims brought by a warehouse. The warehouse operator argued that its policy with the insurance company covers property damage liability for the collapse of a building during a deadly tornado. However, the insurance company sufficiently showed in court that it is not obligated to cover damages given that Amazon is the actual owner of the facility. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: March 4, 2024, Case #: 23-1450, Categories: Insurance, property, contract
J. Virden finds the county court properly determined the trust acquired a tract of land by adverse possession and acquiescence. The disputed land on the boundary between lots owned by the competing trusts has been maintained and used by the one trust for decades. This maintenance has been variously done be the lessee of a portion of the land as well as by owner family members. Businesses have also paid rent to the trust for billboards erected on the disputed tract. No clear error is found in the court's decision that the trust proved acquisition, and the parties’ conduct demonstrates an implied agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: February 28, 2024, Case #: CV-22-532, Categories: property, contract
J. Hunter finds that the trial court properly determined that a store owner lacked authority to construct a driveway across a farm property. In this case, the property where the driveway is located is subject to a utility servitude and, therefore, it cannot to be used as a right of way onto the servient estate. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: February 28, 2024, Case #: 55,417-CA, Categories: property, contract
J. Rice finds that the district court properly concluded that a title company was not contractually liable to provide title insurance based on pro forma documents it created showing that it would issue title insurance on the subject properties. The documents expressly instructed that insurance would be issued only after further requirements were met. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: February 27, 2024, Case #: DA 22-0486, Categories: Insurance, property, contract
J. Herndon finds the trial court properly determined the purchaser of a herd of buffalo breached the contract. The purchaser, on a handshake deal, agreed to pay a business partner a finder's fee for buffalo recently purchased. After final orders were delivered to the purchaser, the partner received no follow-up communication. The record contains substantial evidence of actions the partner undertook to earn the commission. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 27, 2024, Case #: 84617, Categories: property, contract
J. Baker grants the relators' petition for writ of mandamus allowing them to designate the apartment builder's engineers, real estate attorneys and contractors as responsible third parties in underlying litigation from a sale of real property. The trial court did not have the discretion to deny a timely filed motion to designate.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: February 23, 2024, Case #: 03-23-00307-CV, Categories: property, contract
J. Edison finds for a lender on its counterclaims for breach of contract and foreclosure. The borrower is in default of her loan, as she has failed to make a payment in seven years, and the lender has provided the required notices of default.
Court: USDC Southern District of Texas, Judge: Edison , Filed On: February 20, 2024, Case #: 3:22cv172, NOS: Foreclosure - Real Property, Categories: property, Banking / Lending, contract
J. Alley finds a lower court did not err in granting summary judgment to a title company that sued a seller to recoup expenses after it said the seller sold a property without paying off an existing lien. On appeal, the seller has disputed an affidavit from the president of the title company describing how it resolved that lien, but this is “the first time” the seller has raised this issue and he did not adequately preserve error for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 20, 2024, Case #: 08-23-00135-CV, Categories: property, Real Estate, contract
J. Armistead denies the boyfriend summary judgment against the girlfriend's complaint that the boyfriend did not pay her $400,000 after he broke the infidelity provision of their domestic partner agreement. The agreement does not prohibit the boyfriend from cheating, but the agreement states that the property is divisible if the boyfriend cheats and the relationship dissolves.
Court: USDC Oregon, Judge: Armistead, Filed On: February 16, 2024, Case #: 3:23cv459, NOS: Other Contract - Contract, Categories: property, contract
J. Horan denies a roofing company's motion for summary judgment on a property owner's warranty-related claims. The property owner has validly assigned the previous property owner's claims and, thus, has standing to file the action.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: February 16, 2024, Case #: 3:21cv2607, NOS: Other Contract - Contract, Categories: property, Warranty, contract
J. Estudillo compels arbitration in the port's lawsuit seeking the enforcement of the arbitration award ordering the railway company to discontinue bringing unauthorized cars onto the port's property. Among other reasons, the arbitration is ambiguous because the panel's expectations and suggestions on what the railway company could do is not the same as concrete instructions, so judicial interpretation is inappropriate at this time.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 15, 2024, Case #: 3:23cv5560, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Arbitration, property, contract
J. Murphy finds the trial court improperly found the land surveyor breached a contract with the owner. The owner, who uses his land as a hunting club, sought the surveyor's services for a cabin construction project, then brought suit against the surveyor alleging he was inadvertently paid an inflated sum for work that was not performed. A preponderance of the evidence establishes the agreed work was something other than what the owner meant to have done. There is no evidence of a specific promise that was breached. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: February 14, 2024, Case #: CV-22-554, Categories: Construction, property, contract
J. Stearns grants in part a moving subcontractor’s motion to dismiss claims brought against it by a couple, after the subcontractor refused to return items it picked up from the couple’s house or pickup additional items because it hadn’t been paid properly. The claims which allege the subcontractor damaged the couple’s belongings are preempted by the Carmack Amendment to the Interstate Commerce Act.
Court: USDC Massachusetts, Judge: Stearns, Filed On: February 13, 2024, Case #: 1:22cv10767, NOS: Other Contract - Contract, Categories: Commerce, property, contract
J. Bishop finds the county court properly denied the property owner's complaint in a real estate dispute. The parties made an even, cashless trade of manufactured homes, one of which had an attached garage that was not part of the trade. The owner of the garage provided a purchase option, then, 9 months later, attempted to remove the garage after the other party, considering it abandoned, had begun using it. A text message shows the party in possession declined to purchase the garage, asking that it be removed. The owner did not reply to the message before eventually suing for the purchase price plus rent. Evidence of other property purchases indicated the owner had no intent to exercise rights of ownership. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 13, 2024, Case #: A-22-880, Categories: Evidence, property, contract
J. Riedmann finds the county court properly classified and distributed the marital estate. Certain retirement accounts, which one party of the same-sex marriage had established before the marriage, were properly awarded to that party. The other party properly received portions to which she contributed during the marriage. Though the home, owned by one party before the marriage, had increased in value, it was encumbered to its full value at the time of separation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 13, 2024, Case #: A-20-901, Categories: Family Law, property, contract
J. Redford finds for the seller of a student housing complex in claims contending the seller misrepresented the physical and financial condition of the property because the buyer had been provided, but chose to ignore, documentation regarding the physical condition of the property and its financial status prior to purchase. Affirmed.
Court: Michigan Court of Appeals, Judge: Redford, Filed On: February 8, 2024, Case #: 361299, Categories: Fraud, property, contract