Plaintiff, the former employer of the defendant insurance broker, sued to enforce his amended employment agreement. Defendant moved to dismiss, claiming that the agreement had been superceded by an exit agreement, that a later stock purchase agreement had served as a novation of the employment agreement, and finally that the non-competition provisions in the employment
Contract Interpretation
Kornegay v. Aspen Asset Group, LLC, 2006 NCBC 12 (N.C. Super. Ct. Sept. 26, 2006)(Diaz)
By Mack Sperling on
Following a thorough discussion of the elements of a valid contract, the Court found a question of material fact whether the parties had agreed on all the material terms of the contract which plaintiff claimed entitled him to a significant bonus. Plaintiff was not required to show that the bonus had actually been paid in…
State v. Phillip Morris USA, Inc., 2005 NCBC 5 (N.C. Super. Ct. Oct. 19, 2005)(Tennille)
By Mack Sperling on
Posted in Contract Interpretation
This case returned to the Business Court following the North Carolina Supreme Court’s decision reversing the Business Court’s determination that no further payments were due to the National Tobacco Settlement Trust. The Court ordered the defendants to make payment.
State v. Phillip Morris USA, Inc., 2004 NCBC 9 (N.C. Super. Ct. Dec. 23, 2004)(Tennille)
By Mack Sperling on
Posted in Contract Interpretation
This case involved "tobacco law." The Court found that the enactment of the Fair and Equitable Tobacco Reform Act of 2004 ("FETRA") on October 22, 2004 activated the Tax Offset Adjustment provision in the National Tobacco Grower Settlement Trust created as a part of the Master Settlement Agreement, which permitted the Settlors under the Trust…
Corr Services, Inc. v. Davidson County, 2004 NCBC 6 (N.C. Super. Ct. Sept. 30, 2004)(Tennille)
By Mack Sperling on
Posted in Contract Interpretation
The Court found that Davidson County had breached its contract to pay for services provided.
Smart Online, Inc. v. Opensite Technologies, Inc., 2003 NCBC 5 (N.C. Super. Ct. June 14, 2003)(Tennille)
By Mack Sperling on
Posted in Contract Interpretation
A contract for the sale of software was a contract for the sale of goods, and therefore subject to the Uniform Commercial Code.
Durham Coca-Cola Bottling Co. v. Coca-Cola Bottling Co., 2003 NCBC 3 (N.C. Super. Ct. Apr. 28, 2003)(Tennille)
By Mack Sperling on
Posted in Contract Interpretation, Tortious Interference
The issue was whether plaintiff, which had presented a letter of intent to purchase the a non-party bottling company, had a valid and enforceable agreement. The Court found that the letter of intent was an agreement to agree at a future date which was subject to a future, more complete acquisition agreement, and it therefore…
Novant Health, Inc. v. Aetna U.S. Healthcare of the Carolinas, Inc., 2001 NCBC 4 (N.C. Super. Ct. Mar. 8, 2001)(Tennille)
By Mack Sperling on
Posted in Contract Interpretation
This was a straight up contractual interpretation case, chockablock with rules of contract construction and a discussion of grammar, punctation, and antecedent clauses. The principle that all words in a contract must be given effect helped lead to a grant of summary judgment for the plaintiff.
Caraustar Industries, Inc. v. Georgia-Pacific Corp., 2001 NCBC 2 (N.C. Super. Ct. Jan. 26, 2001)(Tennille)
By Mack Sperling on
Posted in Contract Interpretation
In the absence of the negotiation by the parties to a requirements contract of specific performance as a remedy, the seller was not entitled to seek that remedy. Instead, its sole remedies were those permitted by Section 2-708 of the Uniform Commercial Code.
Westpoint Stevens, Inc. v. Panda-Rosemary Corp., 1999 NCBC 11 (N.C. Super. Ct. Dec. 16, 1999)(Tennille)
By Mack Sperling on
Posted in Contract Interpretation
The agreement at issue in this case was a long term requirements contract, in the form of a Cogeneration Energy Supply Agreement, by which steam and water were supplied to the owner of a textile mill. The owner then sold its mill, and there were issues as to the rights and obligations of the buyer.
The…