BUY-SELL: Failure to obtain Architectural Committee approval of home not specifically stated as circumstance in which the buy-sell terminates, not grounds for termination, summary judgment for buyer on contract claim… material fact issues as to whether seller breached the implied covenant by interfering with the committee’s approval so he could terminate the buy-sell… buyer entitled to attorney fees per buy-sell… Rienne McElyea. [Read more…]
Rural electric service, line extension easement refusal
RURAL ELECTRIC SERVICE: Cooperative and member not required under 1956 and 2008 easements to extend service from member’s ranch buildings to new neighbor a section away… Cavan. [Read more…]
Breach of forbearance, seizure of funds, $26,374,576.13
BREACH OF FORBEARANCE: $26,374,576.13 judgment for wrongful seizure of funds from start-up office products business affirmed EXCEPT $7,535,593.18 attorney fees erroneously awarded under Montana law when Michigan law does not allow contract reciprocity fees… Dayton affirmed, reversed. [Read more…]
Breach of forbearance, $34,286,950 supersedeas bond
BREACH OF FORBEARANCE: Judgment for $26,374,576.13 with 10% post-judgment interest under 2005 statute for breach of bank’s Forbearance Agreement with office products entity reaffirmed… appeal bond set at 130% of amount of Judgment for appeal through Montana Supreme Court (not beyond)… Dayton. [Read more…]
Breach of forbearance, $7,535,593 fees, $8,067,406 interest
BREACH OF FORBEARANCE: $7,535,593.18 attorney fees, $8,067,405.60 prejudgment interest, $176,063.19 costs awarded on previous $10,595,414.16 judgment for breach of bank’s Forbearance Agreement with office products entity, applying Montana reciprocity law for fees (with 40% contingency), Michigan law for interest, Montana law for costs, plus post-judgment interest at 10% per 2005 statute… Dayton. [Read more…]
Probate, new wife’s claims, untimely “codicil”
PROBATE: New wife failed to carry burden to modify formal testacy order which failed to give effect to untimely “2nd codicil”… McElyea affirmed. [Read more…]
Contract, successive action under same contract
CONTRACT: 2nd suit under same contract based on payments in different periods allowed as successive action, not barred by issue preclusion… Tucker affirmed. [Read more…]