Contracts Cases

MCC-Marble v. D'Agostino

Agreement for tile on pre-printed form; parol evidence shows terms on back of form did not apply

Oglebay Norton Co. v. Armco, Inc.

Agreement for transportation of iron ore; failure of primary and secondary price mechanism

Langman v. Alumni Association of UVA

Alumni Association accepted gift of deed to arcade

United States Naval Institute v. Charter Communications, Inc.

Berkley shipped paperback version of book before agreed date

Bayliner Marine Corp. v. Crow

Boat purchaser unsatisfied that max speed did not match prop matrixes

Dorton v. Collins & Aikman Corp.

Carpet Mart bought carpets with arbitration agreement on back of sales acknowledgement forms

Structural Polymer Group, Ltd. v. Zoltek

Contract for Defendant to sell to Plaintiff all requirements for carbon fiber

Groves v. John Wunder Co.

Contract for extracting gravel; fraudulent contract

Graham v. Scissor-Tail, Inc.

Contract for multi-city concert tour; dispute over whether profits from one concert would offset another

Lucy v. Zehmer

Contract made and Defendant claims it's void because he was "high as a Georgia pine"

Bovard v. American Horse Enterprises, Inc.

Contract void because of manufacturing of jewelry and drug paraphernalia

Raffles v. Wichelhaus

Cotton shipment to arrive on Peerless

Doe v. Great Expectations

Dating service violated applicable law

Central Ceilings, Inc. v. National Amusements, Inc.

Defendant agreed that Plaintiff would be paid for subcontracting work on theater

Austin Instrument, Inc. v. Loral Corp.

Defendant awarded Navy contract and Plaintiff given subcontract; economic duress

St. Ansgar Mills Inc. v. Streit

Defendant called Plaintiff to place order of corn; confirmation not signed within 10 days

Corinthian Pharmaceutical Systems, Inc. v. Lederle Laboratories

Defendant changed price of DTP and Plaintiff tried to order 1,000 vials at old price

Strong v. Sheffield

Defendant endorsed her husband's promissory note

Speakers of Sport v. ProServ

Defendant induced Rodrigues to leave Plaintiff

Williams v. Walker-Thomas Furniture Co.

Defendant kept balance on every item purchased until balance due on all items was liquidated

Bloor v. Falstaff Brewing Corp.

Defendant lost $2 million and Plaintiff sued for breach of best efforts clause

Dickinson v. Dodds

Defendant offered to sell Croft to Plaintiff; offer open until Friday but sold it Thursday

Bollinger v. Central Pennsylvania Quarry Stripping and Construction Co.

Defendant permitted to deposit construction waste on Plaintiff's property

Kirksey v. Kirksey

Defendant promised Plaintiff place to stay if she came to live with him but later forced Plaintiff into home in the woods

Hawkins v. McGee

Defendant promised to give plaintiff a perfect hand through surgery

Lake Land Employment Group of Akron, LLC v. Columber

Defendant signed noncompeting agreement and later started a similar business

Swinton v. Whitinsville Sav. Bank

Defendant sold Plaintiff a house he knew to be infested with termites

Peevyhouse v. Garland Coal & Mining Co.

Defendant strip mined coal and did not do remedial work

Sullivan v. O'Connor

Defendant tried to improve plaintiff's nose

Ever-Tite Roofing Corp. v. Green

Defendants wanted new roof and later revoked offer in favor of new construction company

Northrop Corp. v. Litronic Industries

Difference in warranty period for wire boards

Greenfield v. Philles Records, Inc.

Dirty Dancing Case

Tuckwiller v. Tuckwiller

Girl to nurse Woman in exchange for her willing her the Corum farm

United States Life Insurance Co. v. Wilson

Griffith reinstated life insurance policy and then died

Pacific Gas & Electric Co. v. G.W. Thomas Drayage & Rigging Co

Indemnity clause for work on metal cover

Trident Center v. Connecticut General Life Ins. Co.

Loan for $50,000 to be paid in 15 years; parol evidence

Mills v. Wyman

Man became sick on sea voyage and father promised to pay the expenses of caring for him

Cotnam v. Wisdom

Man thrown from streetcar and operated on.

Scott v. Cingular Wireless

Mandatory arbitration clause and prohibition of consolidation of case and class action

Pyeatte v. Pyeatte

Married couple promised to put each other through school

Douglas v. Pfueger Hawaii, Inc.

Minor works as lot technician and claims he is not contractually bound by arbitration provision in employee handbook

Beaver v. Brumlow

Mobile home contract

Wright v. Newman

Mother sued man to recover child support

W.W.W. Associates Inc. v. Giancontieri

New York case says evidence outside 4 corners is permissible; California says look to parol evidence when document is ambiguous

D&G Stout, Inc. v. Bacardi Imports, Inc.

One beer company turned down other negotiations, relying on another's promise

Market Street Associates v. Frey

Opportunism v. dishonesty in exercising option of contract

C.R. Klewin, Inc. v. Flagship Properties, Inc.

Oral contract with handshake to build 20 buildings

Toys, Inc. v. F.M. Burlington Co.

Parties attempted to negotiate renewal of lease

Cyberchron Corp. v. Calldata Systems Development, Inc.

Parties could not agree on weight and penalties for excess weight

Dalton v. Educational Testing Service

Plaintiff accused of cheating on SAT

Cundick v. Broadbent

Plaintiff agreed to sell farm and later tried to back out. His wife claimed he was mentally incompetent

Kannavos v. Annino

Plaintiff bought dwelling converted into 8 apartments without building permit

White v. Corlies & Tift

Plaintiff bought lumber for school contracting and then Defendant countermanded

Rockingham County v. Luten Bridge Co.

Plaintiff continued to build bridge and brought action

Crabtree v. Elizabeth Arden Sales

Plaintiff entered employment as sales manager and was promised certain salary increases which he did not receive

Webb v. McGowin

Plaintiff fell to stop 75 pound block from hitting Defendant and Defendant agreed to care for Plaintiff for the rest of his life

Balla v. Gambro

Plaintiff fired when he told company to reject shipment of dialyzers

Odorizzi v. Bloomfield School District

Plaintiff forced to resign after arrest for homosexual activities

Feinberg v. Pfeiffer Co.

Plaintiff given retirement fund; gratuitous promise

Gianni v. R. Russell & Co

Plaintiff had store in building and agreed to stop selling tobacco. Thought he had exclusive right to sell soda

McKinnon v. Benedict

Plaintiff helped Defendant buy camp with agreement not to cut trees or make improvements

Cohen v. Cowles Media Company

Plaintiff informed reporters of opposing candidate's arrest and conviction; sued when his identity was revealed

Harrington v. Taylor

Plaintiff intervened in fight and Defendant promised to pay damages to his hand

Ortelere v. Teachers' Retirement Board

Plaintiff made irrevocable election to take max retirement benefits

Owen v. Tunison

Plaintiff offered to buy a lot and Defendant said he couldn't sell for less than $16,000

Fairmount Glass Works v. Crunden Martin Woodenware Co.

Plaintiff provided price for jars and Defendant accepted offer

Hopper v. All Pet Animal Clinic

Plaintiff signed contract with termination clause that she wouldn't work in clinic within 5 mile radius for 5 years

Colfax Envelope Corp. v. Local No. 458-3M

Plaintiff signed summary agreement, believing it now only needed 3 men on each press

Kenai Chrysler Center Inc. v. Denison

Plaintiff sold car to developmentally disabled individual

International Filter Co. v. Conroe Gin, Ice, and Light Co.

Plaintiff submitted offer for water filter. Defendant accepted but then tried to countermand

Dyer v. National By-Products, Inc.

Plaintiff sued when he was laid off after settlement agreement for work related injury

O'Callaghan v. Waller & Beckwith Realty Co.

Plaintiff sues when she is injured in paved courtyard of apartment

Watkins & Son v. Carrig

Plaintiff to excavate cellar and when granite was found, Defendant agreed to change price

Wood v. Lucy Lady Duff Gordon

Plaintiff to have exclusive right to place Defendant's endorsements

Ricketts v. Scothorn

Plaintiff to pay Defendant to surrender employment as bookkeeper

Lefkowitz v. Great Minneapolis Surplus Store

Plaintiff tried to buy stole for $1; house rule said only for women

Hoffman v. Red Owl Stores

Plaintiff wanted to open franchise grocery store

Black Industries v. Bush

Plaintiff was middleman in providing components to Defendant; resold them for significant profit

Dixon v. Wells Fargo

Plaintiffs agreed to take steps necessary for mortgage loan modification

White v. Benkowski

Plaintiffs sued for breach of contract of water supply

Simeone v. Simeone

Prenuptial agreement. Plaintiff filed claim for alimony

Step-Saver Data Systems, Inc. v. Wyse Technology

Printed on package of each copy were additional terms

Allied Steel and Conveyors, Inc. v. Ford Motor Co

Provision to assume negligence marked void on purchase order

Itoh & Co. v. Jordan Int'l Co.

Purchase order for steel coils; acknowledgment form had arbitration clause

Jacob & Youngs v. Kent

Reading Pipe Case

Channel Home Centers v. Grossman

Retail space in mall given away because Plaintiff could not submit acceptable lease with 30 days of intent

Oswald v. Allen

Sale of Swiss Coin Collection

Mattei v. Hopper

Satisfaction clause in the contract for sale of land

Callano v. Oakwood Park Homes Corp.

Shrubbery case

Specht v. Netscape Communications Corp.

Software's license terms could only be viewed if plaintiffs scrolled down the webpage to a button below download button

Monarco v. Lo Greco

Statement that contract did not need to be in writing

Drennan v. Star Paving Co.

Subcontractor bids and later tries to refuse the contracting work for that price

Tongish v. Thomas

Sunflower seed contract fell through when sunflower seeds rose to double the price

In the Matter of Baby M

Surrogacy Contract

Bayway Refining Co. v. Oxygenated Marketing & Trading A.G.

Tax clause on purchase of barrels of MTBE

Harvey v. Facey

Telegraphs about price of Bumper Hall Pen

Hamer v. Sidway

Uncle promised nephew $5,000 to refrain from drinking, swearing, smoking, gambling

Plante v. Jacobs

Wall put in wrong location of house

Frigaliment Importing Co. v. B.N.S. International Sales Corp.

What does "chicken" mean?

Alaska Packers Ass'n v. Domenico

Workmen agreed to sell from San Fran to Alaska for $50 and later tried to get more money