LEASE: Shopping center properly exercised express right to terminate lease to tenant when turnover did not occur on schedule… Todd. [Read more…]
Quarry contract, dinosaur footprints, termination
QUARRY CONTRACT properly terminated by lessor after valuable dinosaur footprints found, requirement for “written agreement of the parties” properly rejected as inconsistent… Swandal affirmed (IOR I-3(d)). [Read more…]
Contract, oral lease/purchase agreement, fire
CONTRACT: Tenant/buyers’ breach of contract claims following building fire not viable absent written contract specifying insurance obligations by landlord/sellers… [Read more…]
Defense verdict, lending breach
VERDICT: Defense, lending breach.
Probate, holographic will, testamentary capacity
PROBATE: No testamentary capacity for holographic will (or for competing will)… undue influence in transfer of state lease and oil/gas payments… Irigoin affirmed. [Read more…]
Marital, maintenance reduction
MARITAL: Maintenance properly reduced due to changed circumstances… Fagg affirmed (IOR I-3(d)(v)). [Read more…]
Property, legal v. “appropriate” access
PROPERTY: Buyers entitled to legal access under contract for deed, sellers obligated to defend prescriptive easement attempt or provide appropriate easement across adjoining lands, did neither, buyers entitled to damages including attorney fees for easement action, negligent [Read more…]