Margot Shay was employed by Richard and Joyce Cesler as installation manager at The Power House Car Audio from December 1994 to May 1995. The record shows that Shay was to be paid $10 per hour and receive a 10% interest in the business in return for her employment. Eventually it became apparent that the parties could not work together, and the business arrangement ended. Shay filed suit against

Fraudulent Misrepresentation, Promissory Note - Joseph Tuminello and Ronald Brody sued Anglo American Auto Auction Management, Inc., and Dealers Auto Auction of Sanford, Inc., alleging fraudulent misrepresentation. Plaintiffs owned an auto auction business which they sold to Tammy O'Donnell and Steven Levine. In consideration for the purchase O'Donnell and Levine executed two promissory notes fo

Plaintiff Weiss brought action against defendant Carr for breach of alleged oral contract to jointly acquire property. Plaintiff also alleged fraud, negligent misrepresentation and breach of fiduciary agreement.

Commercial Loan Default, Fraud, Misrepresentation - Executive Leather, Inc., and James Killian defaulted on a commercial loan with Centura Bank, consisting of two commercial notes for a line of credit and a working capital loan, for which Centura sued for nonpayment. Killian gave Centura an Unconditional Guaranty in the amount of $695,000.00. At the time of filing, payment was due and owing to C

Dog-Bite - Negligence - Breach of Contract - Misrepresentation - As Kristyn Smith walked down the block after school, Fanta attacked and bit her in the face. The resulting lacerations required stitches, a scar revision, and two dermabrasion procedures that were performed by a plastic surgeon, leaving a scar.

Breach of Contract, Unfair and Deceptive Practices - In 1993 James Allan Middleton, Jr., and Julie T. Middleton (plaintiffs), filed a complaint against The Russell Group (Russell), Brooke Licensing (Brooke), and Life Insurance Company Of Georgia (LOG), (collectively defendants), asserting claims for breach of contractual duty to pay medical insurance benefits for medical expenses, breach of an emp

Breach of Contract, Unfair and Deceptive Practices - In 1993 James Allan Middleton, Jr., and Julie T. Middleton (plaintiffs), filed a complaint against The Russell Group (Russell), Brooke Licensing (Brooke), and Life Insurance Company Of Georgia (LOG), (collectively defendants), asserting claims for breach of contractual duty to pay medical insurance benefits for medical expenses, breach of an emp

Breach of Contract - Conversion - Unlawful Detainer - Forcible Entry - Unjust enrichment - U.S. Energy owns and operates a mobile home park, convenience store, motel, restaurant and lounge in Ticaboo, Utah, approximately ten miles from Lake Powell. In May 1995, U.S. Energy subleased the restaurant and lounge facilities to Dejavue, Inc.

Breach of Contract - Negligence - Wrongful lien - Misrepresentation - Fraud - Mechanic's Lien - Attorney Fees - The Kurths are the owners of real property and a log home located in Iron County, Utah. Wiarda is the president of Lonetree Services, Inc. (Lonetree), a Utah Corporation, which constructs log homes.

In November 1

This building construction case involves the Bentley Place Condominium (the Condominium), a complex consisting of 240 residential units in 20 two-story buildings located on approximately 14.2 acres in Montgomery County, Maryland. Bentley Place was built in phases. The first sales of units were on January 31, 1987, and sales to original purchasers continued through July 24, 1991. By a letter dated

Negligent Home Construction - This case concerns James and Diane Johnson's liability for structural and other defects in a residential property they built in 1990 and sold to Lisa Determan and her former husband in 1992. After an architect attributed Determan's initial observation of a sagging roof and cracked walls to substandard wo

Negligence - Breach of implied warranty of fitness for a particular purpose and habitability - Misrepresentation - Constructive fraud - Dobie and her ex-husband commissioned the construction of the house in question in 1986. The couple, who were still married at the time, hired Don Mallory ("Mallory"), a general contractor, to

Fraud - Deceit - Misrepresentation - On August 7, 1996, Mary L. Reynolds sued American General Finance, Inc. ("AGF"), and two of its agents, Robert Faulkner and James Sloop, alleging fraud, deceit, and misrepresentation, and alleging that she had suffered mental anguish relating to the interest rates charged her on five loan

Breach of contract and negligent misrepresentation claims by Komatsu Forklift dealer in which it claimed that Komatsu failed to eliminate its existing St. Louis distributor, John J. Connell Co. Plaintiff claimed that it was thus deprived of profits it expected to reap from become the only Komatsu distributor location in the St. Louis area.

Breach of Contract - Fraud - Negligent Misrepresentation - Plaintiffs contracted with defendant, a licensed general contractor to build a house. During a rain, the house leaked from every conceivable location and filled the living room with three inches of standing water. The defendants attempts to stop the leaks proved ineffectual. The plaintiffs testified that they suffered emotional distress

Texas Deceptive Trade Practices Act claim - In June 1991 Etheridge purchased an Oak Creek manufactured home from Dealer; the home was delivered to Etheridge's site a month later. Although appellant's order for the manufactured home contained certain specifications, the home, as delivered, did not conform to those specifications. In addition, the mobile home, according to Etheridge, had n

Breach of Contract - Promissory Estoppel - Breach of Fiduciary Relationship - Fraudulent Misrepresentation - Fraudulent Concealment - Midwest Home Distributor, Inc. is a floor covering distributor operating in Cedar Rapids. Domco Industries Ltd. is a Canadian company and manufactures vinyl floor covering. In October 1988 Midwe

Breach of Contract - Iowa Wage Collection Act - In late 1990 and early 1991, Held was recruited by Carl VanVoorst, a selling agent and district manager for New England, and Frank Fasano, a New England developmental general agent, to work as a selling agent for New England. At the time, Held worked as an independent insurance agent sel

Breach of Contract - First-party Bad Faith - Life Insurance - On April 19, 1995, Bruce Brinkman, an insurance agent for Farm Bureau, and Ann Lewis, a Farm Bureau manager, met with Alice and Wayne Seastrom to discuss estate planning and the Seastroms' possible acquisition of life insurance. At that time Alice was 74 and Wayne was 76 ye

Promissory Note - Business - I. Factual Background. Jacque S. Pfaffle ("Pfaffle") owned and operated a Mail Boxes, Etc. franchise in Cedar Falls, Iowa. The business was undercapitalized and situated in a poor location. In the Spring of 1995, Pfaffle began discussing the sale of an ownership interest in the business to Richard A. Locka

Insurance - Bad Faith - William E. Snead, Jr. filed suit against Jackson National Life Insurance Company seeking to recover benefits under a $250,000 life insurance policy issued on the life of his wife, Janice Snead, who died in a drowning accident within the two-year contestable period of the policy. The complaint also sought

Sumrall sued the City of Mobile alleging breach of contract and misrepresentation in connection with his retirement. In 1983, after 31 years with the City, Sumrall considered retiring, because of health problems. After examining a number of options, and following a July 1983 conference, he received a written verification in a memorandum from the City which promised to begin payments of $264.34 per

Owen sued State Farm alleging fraudulent misrepresentation and suppression after the insurance company refused to pay the appraisal cost (at $1,475.86) of a stolen engagement ring, insisting instead upon replacement cost.. State Farm through a replacement vendor offered $898.70. Owen claimed State Farm misled her into believing that, in the event of a loss, she would receive the appraisal value o

Fraudulent or Negligent Misrepresentation - Failure to Disclose - Purchase and Sale of Real Estate - Plaintiffs purchased a warehouse from defendants in 1990. In connection with the sale, plaintiffs executed a promissory note secured by a deed of trust in favor of defendants. The promissory note was for $4,450,000.

Plaintiffs s

On behalf of a putative class, Beresky sued H-Lo for deceptive trade practices, breach of contract, negligence, fraud, and negligent misrepresentation. Beresky alleged that Hi-Lo sold old and used automotive batteries as new ones.