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statute of frauds

Apr 10, 2015

Partnerships — State Court Clarifies Partnership Law

Valentine v. Sugar Rock Inc. (Lawyers Weekly No. 001-066-15, 6 pp.) (King, J.) No. 12-2273, April 2, 2015; USDC at Clarksburg, W.Va. (Keeley, J.) 4th Cir. Holding: The 4th Circuit vacates summary judgment for a plaintiff pursuing an accounting of four mining partnerships and remands this matter, in light of the response of the Supreme […]

Mar 3, 2014

Real Property – Mortgages – Foreclosure – Statute of Frauds – Statute of Limitations

Branch Bank & Trust Co. v. Technology Solutions, Inc. (Lawyers Weekly No. 002-055-14, 8 pp.) (Joseph Anderson Jr., J.) 3:13-cv-01318; D.S.C. Holding: In support of their counterclaim for “damages commensurate with revenue lost when contracts could not be implemented due to” the plaintiff-bank’s failure to lend defendants money, defendants argue that the statute of frauds […]

Nov 15, 2011

Banks & Banking – Failure to Lend – Statute of Frauds – Tort/Negligence — Borrower’s Investors

Kerr v. Branch Banking & Trust Co. Where plaintiffs’ claims are based on the defendant-bank’s alleged oral promises to fund a company in which plaintiffs were investors, plaintiffs’ claims are barred by S.C. Code Ann. § 37-10-107. Defendants’ motion to dismiss is granted.

Oct 13, 2011

Real Property – Easement – Statute of Frauds – Partnership Minutes – Tort/Negligence – Tortious Interference with Contractual Relations

Rogers v. River Hills Ltd. Partnership Although partnership minutes adequately described the dominant estate, they did not describe the servient estate with any particularity, nor did they adequately describe the easement. In addition, the minutes indicate no more than an executory promise - the minutes indicate that the easement “shall be” large enough to meet county requirements and[...]

Jul 11, 2011

Criminal Practice – Bail Bond – Contract – Statute of Frauds – Equitable Estoppel

State v. Hinojos Even though the defendant’s pre-sentencing bond was not put in writing, the state made it clear it would oppose defendant’s pre-sentence release unless the bail bondsman agreed to continue on the bond. The bail bondsman orally agreed to continue on the bond, and he is equitably estopped from relying on the statute of frauds.

Jun 24, 2011

Civil Practice – Frivolous Civil Proceedings Sanctions Act – Former Version – Rule 11 – Contract – Statute of Frauds – No Frivolity

Southeastern Site Prep, LLC v. Atlantic Coast Builders & Contractors, LLC In a complicated case arising from what was first described as a “merger” but which turned out to be, at bottom, agreements for leasing real property and selling equipment, plaintiffs survived two summary judgment motions, with one judge finding “a pretty good question of fact [as to] partial performance .[...]

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