Justia Contracts Opinion Summaries

The Supreme Court reversed the district court's grant of summary judgment in favor of Plaintiff in this real estate dispute, holding that Plaintiff offered sufficient evidence to survive Defendants' motion for summary judgment.A few months after purchasing a home Plaintiff discovered water in the basement. Plaintiff later sued the sellers, her real estate agent, the seller's real estate agent, and a home inspector, alleging that they had misrepresented the condition of the house. The district court granted summary judgment for Defendants based on Plaintiff's failure to designate an expert on causation and damages. The court of appeals affirmed. The Supreme Court vacated the opinion of the court of appeals and reversed the summary judgment, holding that expert testimony was not required for Plaintiff to survive Defendants' motion for summary judgment on either causation or damages. View "Putman v. Walther" on Justia Law

The Supreme Court affirmed the judgment of the district court denying a motion to vacate a decree of specific performance that also sought an order of joinder, holding the there was no error.Wilkinson Development, Inc. brought an action against Ford & Ford Investments for specific performance of a real estate contract concerning the purchase of commercial real estate. The district court granted Wilkinson's complaint for specific performance. PSK, LLC, a subsequent purchaser of the subject real estate, later filed the motion at issue on appeal seeking vacation of the degree and an order of joinder. The district court denied the motion. The Supreme Court affirmed, holding that there was no merit to any of PSK's assignments of error. View "Wilkinson Development, Inc. v. Ford & Ford Investments" on Justia Law

The Supreme Judicial Court affirmed the judgments of the trial court entering summary judgment in favor of Defendants and denying Plaintiffs' motion to amend their complaint, holding that the trial court did not err or abuse its discretion.The Masonic Temple Association of Quincy, Inc. entered into a purchase and sale agreement with a trust under which the trust would develop the Mason's temple building into two condominium units, with the trust becoming the owner of one unit. The trust later assigned its interest to Jay Patel, the president and sole owner of Dipika, Inc. Later a fire broke out at the site. The Masons brought negligence claims against Patel and Dipika. Dipika brought third-party claims against Union Insurance Company for wrongful denial of coverage and Roblin Insurance Agency for professional negligence. The Masons then amended their complaint to assert claims against Union and Roblin. The superior court granted summary judgment in favor of Union and Roblin on all counts. The Supreme Judicial Court affirmed, holding (1) Dipika's putative liabilities arising from the fire were not covered by its general liability insurance policy; and (2) Dipika's insurance broker did not commit a breach of its duty of care. View "Masonic Temple Ass'n of Quincy, Inc. v. Patel" on Justia Law

In this action brought for the nonpayment of a promissory note the First Circuit affirmed the rulings of the district court entering summary judgment against SBK Holdings USA, Inc. and denying SBK's motion to set aside the judgment, holding that there was no error.Unibank for Savings sued Edgar and Elina Sargsyan and 999 Private Jet, LLC based on their nonpayment of a promissory note secured by a Gulfstream aircraft. The district court granted Unibank's unopposed motion for a preliminary injunction authorizing it to repossess the aircraft. SBK subsequently moved to intervene, asserting an alleged superior security interest in the aircraft. The district court allowed the intervention. The district court entered summary judgment against SBK and denied its subsequent motion to set aside the judgment. The First Circuit affirmed, holding that Unibank held a perfected security interest in the aircraft, while SKB did not. View "UniBank for Savings v. SBK Holdings USA, Inc." on Justia Law

The Supreme Court reversed the judgment of the court of appeals reversing the judgment of the trial court, rendered pursuant to a jury verdict, that Stephen Stelly owned real property free of any encumbrance, holding that Stelly adequately pleaded a trespass-to-try-title claim.Stelly brought this action against John DeLoach claiming that DeLoach had breached the parties' contract by not delivering a real property deed after Stelly had paid off the debt on the land's original purchase price.The jury entered a verdict in favor of Stelly. The court of appeals reversed, concluding that Stelly pleaded only a breach-of-contract claim, not a trespass-to-try-title claim and that the statute of limitations had run on Stelly's breach of contract claim. The Supreme Court reversed and remanded the case for further proceedings, holding that Stelly adequately pleaded a trespass-to-try-title claim. View "Stelly v. DeLoach" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the tax court dismissing Counts I through III of the Attorney General's complaint and granting summary judgment on Count IV, holding that the tax court erred in part.At issue was the scope of three statutes the Attorney General (AG) invoked to challenge an agreement between the Arizona Board of Regents (ABOR) and a private company for the company to construct and operate a hotel and conference center on property owned by ABOR. The Supreme Court held (1) to initiate an action under Ariz. Rev. Stat. 42-1004(E) there must be an applicable tax law to enforce; (2) the AG may bring a quo warranto action pursuant to Ariz. Rev. Stat. 12-2041 to challenge the unlawful usurpation or exercise of a public franchise; and (3) the AG's public-monies claim was subject to the five-year statute of limitations set forth in Ariz. Rev. Stat. 35-212(E). View "State v. Arizona Board of Regents" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the judgment of the district court dismissing Honnen Equipment Company's (Honnen) breach of contract claim brought brought against Daz Management, LLC (LLC), holding that all elements of claim preclusion were met, and therefore, the breach of contract claim was barred.Honnen sued Tony Daz (Daz) claiming that Daz negligently operated and damaged a grader that had been rented by the LLC from Honnen and thus breached the rental agreement. The district court ruled for Daz on both Honnen's breach of contract and negligence claim. Thereafter, Honnen brought a second action against the LLC asserting the same claims. After Honnen voluntarily dismissed its negligence claim the district court dismissed the breach of contract claim under the claim preclusion branch of res judicata. The court of appeals reversed. The Supreme Court reversed, holding that Honnen's breach of contract claim was barred. View "Honnen Equipment Co. v. DAZ Management, LLC" on Justia Law

In 2012, the Moores sued, claiming that Equitrans breached the parties’ right-of-way agreement and trespassed on the Moores’ land by laying two pipeline segments outside of the area specified in their agreement. A jury found that Equitrans either trespassed on the Moores’ West Virginia property or violated the right-of-way agreement but made no findings as to the proper remedy. While the Moores initially sought equitable relief (ejectment), a subsequent condemnation judgment in favor of Equitrans ultimately precluded such relief. Following several appeals, the district court allowed the Moores to pursue damages for breach-of-contract and trespass but denied leave to add a claim for intentional trespass. Later, the district court barred any claim for breach-of-contract damages. After excluding much of the Moores’ evidence of trespass damages, the court sua sponte entered judgment in favor of Equitrans.The Fourth Circuit vacated in part. The district court did not abuse its discretion in denying leave to amend, in making its motion in limine rulings, or in entering judgment in favor of Equitrans on contract damages. The court rejected a contention that the proper measure of trespass damages includes a portion of Equitrans’s profits. Because the Moores lacked sufficient notice that they needed to come forward with all evidence of trespass damages, the court vacated the portion of the judgment concerning trespass damages for procedural error and remanded. View "Moore v. Equitrans, L.P." on Justia Law

The Supreme Court affirmed the judgment of the appellate court affirming the judgment in favor of Defendant Theresa Virgulak in this action brought by Plaintiff, Manufacturers and Traders Trust Company, holding that there was no error.The trial court found in favor of Defendant on Plaintiff's foreclosure, reformation, and unjust enrichment claims. The appellate court affirmed. The Supreme Court affirmed, holding (1) the trial court properly declined Plaintiff’s request to reform the mortgage deed to reference that the mortgage deed executed by Defendant was given to secure a note executed by her husband; and (2) the trial court correctly determined that Plaintiff was not entitled to foreclose the mortgage executed by Defendant because Defendant was not a borrower on the note. View "JPMorgan Chase Bank, National Ass'n v. Virgulak" on Justia Law

Appellant, defendant, and cross-complainant Earl Greif sold 10 acres of raw vacant land (Property) in Rancho Mirage to plaintiff-respondent Yardley Protective Limited Partnership, a family real estate investment partnership. A few days after Earl signed the purchase agreement (Purchase Agreement), he concluded he had sold the Property for less than its fair market value and attempted to back out of the sale. The Yardley partnership sued Earl, Earl’s wife, Shirley Greif, and Gabriel Nicholas Limited Liability Company (collectively GNLLC) to enforce the Purchase Agreement. Greif filed a cross-complaint against the Yardley partnership and one of its limited partners, Solail Ahmad (Yardley), later adding as cross-defendants Yardley’s real estate brokers, Desert Gate Real Estate, Inc. dba Four Season Realty (Desert Gate) and Desert Gate broker, Eddie Sanin (collectively Sanin). The trial court dismissed Greif’s third amended cross-complaint (Cross-complaint) on the eve of trial for failing to state any cause of action as a matter of law. After a lengthy court trial, the trial court entered judgment in favor of Yardley and against Greif and GNLLC. Greif filed three separate appeals. Rejecting Grief and GNLLC's contentions raised in the appeals, the Court of Appeal affirmed the trial court's judgment. View "Greif v. Sanin" on Justia Law