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Jennifer Paley Lawyer
Posted by Jennifer Paley Attorney on 1.31.16 in Contracts. (CA)
Jennifer Paley Lawyer
Posted by Jennifer Paley Attorney on 1.31.16 in Contracts. (CA)
P entered a contract for harvesting timber. P sued D because the harvest level was below the rate of "176.2 million board feet per year for the first ten years." Trial court granted summary judgment for D, because the contract did not guaranty any such level, and in fact during the contract negotiations such a provision had been rejected. Court of appeal affirmed. What was not guarantied by contract cannot be supplied by covenant of good faith and fair dealing.
Posted by Robin Mashal on 12.4.13 in Contracts.
The parties entered an agreement with arbitration clause, then later entered an agreement on the same subject which did not contain an arbitration clause. Plaintiff sued defendant and defendant attempted to compel arbitration. Court denied this motion on the ground that the later contract superseded the earlier contract. Then Plaintiff unilaterally rescinded the later contract and again attempted to compel arbitration. Held: unilateral rescission of the later contract did not reinstate the earlier contract.
Posted by Robin Mashal on 9.11.13 in Contracts.
This is a copy of the Third Amendment to Amended and Restated Senior Preferred Stock Purchase Agreement by and between the U.S. Department of Treasury and Federal National Mortgage Association ("FNMA" or "Fannie Mae") as posted in www.treasury.gov.
Posted by Robin Mashal on 1.20.13 in Contracts.
Attorney (A) represented client (C) in a breach of contract suit against. A was paid discounted hourly fees and provided a lien for the fee difference. Court awarded judgment to C and $152K in attorney's fees. Behind A's back and without paying the legal fees, C entered settlement and filed acknowledgement of accepting "payment or performance other than that specified in the judgment in full satisfaction of the judgment.” A sued C for tortious interference with contract, and court of appeal upheld this.
Posted by Robin Mashal on 12.26.11 in Contracts.
A landowner ("L") contracted with contractor ("C") to have a factory plant built on its land, and the contract contained defense and indemnity provisions and that the contract may be assigned. L later sold the property to a third party ("3P"). An employee of 3P was killed and brought a wrongful death action. 3P tendered the action to C for defense, but C refused to defend 3P. 3P defended itself against the action and then sued C for indemnity. Held: an assignee of contract indemnification rights stands in the shoes of the indemnitee. 3P may recover its defense costs from C.
Posted by Robin Mashal on 1.25.11 in Contracts.
When the occasion arises that you are given a contract or written agreement to sign off on, be sure not to ignore all of the so-called boilerplate language toward the end.
Posted by Ashley C L Brown on 6.29.10 in Contracts.
This is a copy of the Stock Purchase Agreement between GENERAL AMERICAN MUTUAL HOLDING COMPANY and METROPOLITAN LIFE INSURANCE COMPANY, dated as of August 26, 1999, as posted on the web site of Department of Insurance of State of Missouri.
Posted by Robin Mashal on 2.19.10 in Contracts.
Most small business owners are familiar with the two most prevalent uses for confidentiality agreements: (1) when tire-kicking a competitor’s business prior to making an offer; or (2) when hiring a key employee who will have access to your confidential information. However, many entrepreneurs ignore the need for confidentiality agreements in their day-to-day business, as they share their company's customer lists and business strategies with outsiders. Any time information will be shared with an outsider, you should consider executing a confidentiality agreement.
Posted by Marijo McCarthy on 1.11.10 in Contracts. (MA)