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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/contract0181 and id is 1 raw text is: CONTRACTS Generally Cal.App.2014. Cit. generally in case cit. in sup., cit. generally in case quot. in ftn. In a dispute between investment-advisory firm and its former employee, this court affirmed the trial court's denial of employer's motion for judgment notwithstanding the jury's verdict in favor of employee, holding, among other things, that there was substantial evidence to support the jury's finding that the parties entered into an employment agreement. In making its decision, the court cited a prior opinion that relied on Restatement of Contracts in determining whether a party had sufficiently manifested its assent to a contract, and noted that California courts often took guidance on contract issues from the Restatement. Pacific Corporate Group Holdings, LLC v. Keck, 181 Cal.Rptr.3d 399, 412. Colo.2015. Cit. generally in disc., cit. generally in treatise cit. in disc. In a case in which holder of a lien on car-accident victim's proceeds from a personal-injury claim brought a breach-of-assignment action against tortfeasor's liability insurer, this court held that the purported assignment of rights to payment was ineffective because the assignment agreement was inadequate. In reaching its decision, the court acknowledged that Colorado courts looked to the Restatements of Contracts as persuasive authority on the law of assignments. Allstate Insurance Company v. Medical Lien Management, Inc., 348 P.3d 943, 946, 947. CHAPTER 1. MEANING OF TERMS § 13. Voidable Contracts Minn.2015. Com. (e) quot. in case quot. in diss. op. Former homeowner, who executed a quitclaim deed transferring his home to buyer during the foreclosure-redemption period but later sent buyer a timely notice cancelling the deed pursuant to a state statute, brought various claims against buyer, after buyer refused to record the cancellation and instead redeemed the home, and against buyer's lender, after lender purchased the home in a second foreclosure sale upon buyer's default. The trial court concluded, following a bench trial, that lender was a bona fide purchaser that owned the home free and clear of any encumbrances. The court of appeals reversed. This court reversed in part, holding that lender was not entitled to rights in the home as a bona fide purchaser, and remanded for further proceedings to determine whether lender had an interest in the home based on equitable principles. The dissent argued that, while homeowner's unrecorded cancellation of the deed to buyer rendered the transaction between him and buyer of no legal effect, it did not deprive lender of its rights as a bona fide purchaser, because a transfer of title that was voidable under Restatement of Contracts § 13 did not defeat a bona-fide purchaser's rights. Graves v. Wayman, 859 N.W.2d 791, 811 wAml For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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