8 results for 'cat:"Evidence" AND cat:"Property" AND cat:"Contract"'.
J. Schmehl denies in part a foam insulation company’s motion to dismiss a pipe company’s intellectual property complaint arising from a botched product development agreement and potential acquisition between parties whose relationship eventually soured. The pipe company’s expert report contains potentially problematic accounting practices at the insulation company that create genuine disputes of material fact for trial.
Court: USDC Eastern District of Pennsylvania, Judge: Schmehl, Filed On: April 4, 2024, Case #: 5:21cv5077, NOS: Other Contract - Contract, Categories: evidence, 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. Kruger holds that the appeals court must revisit its rejection of the trial court's conclusion that an implied easement had been established over an eight-foot-wide strip of land. Though not favored by the law, an exclusive implied easement is recognized if it was the clear intent of the parties to the underlying land transaction. The appeals court must examine whether substantial evidence supports a finding that the long-term use of the strip by neighbors and their predecessors for a planter, wall and driveway established an intent to create an easement. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: February 1, 2024, Case #: S275023, Categories: evidence, property, contract
J. Johnson finds that a property owner's motion for leave to present additional evidence into an administrative record was properly denied. Evidence of the abatement of the property at the time of the administrative hearing is irrelevant due to its untimeliness and was not the condition of the property at the time of the hearing. Further, evidence presented at the administrative hearing established that the property was in violation of city ordinances, and that the property owner was remediating the property at the time of the hearing. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 29, 2023, Case #: 2023-CA-0379, Categories: evidence, property, contract
J. Ortego finds that the trial court properly ruled that the vendor conveyed all of the immovable property to the vendees in the sale of a business. The vendor did not give sufficient evidence to support her claim that she had retained a 29% ownership interest in the immovable property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: November 15, 2023, Case #: CA-23-7, Categories: evidence, property, contract
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J. Ledet finds that the trial court properly denied the school board's summary judgment motion on the neighborhood association's suit seeking an injunction to block a proposed property swap between the school board and the Housing Authority of New Orleans. The swap was to exchange three now-vacant school properties for a vacant property that adjoins the Booker T. Washington High School. In this case, there is a genuine issue of material fact as to whether the values of the properties proposed to be swapped are equivalent. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: October 11, 2023, Case #: 2023-C-0583, Categories: evidence, property, contract
J. Jewell finds that the trial court properly ruled in favor of the owners in finding the purchaser did not comply with the parties' contract to buy their home. The evidence supports a finding that the purchaser "refused to close within a reasonable time under the circumstances." Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: August 8, 2023, Case #: 14-22-00695-CV, Categories: evidence, property, contract
J. Stone finds that the trial court properly determined that the interests conveyed in the sale of overriding royalties by BP to Columbine do not contain any limitation as to a zone, unit, formation, or depth, and that Columbine is entitled to all disputed overriding interests. The contract is ambiguous and, since BP was the drafter of the document, any ambiguity is strictly construed against BP. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: May 10, 2023, Case #: 55,017-CA, Categories: evidence, property, contract