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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/seccontract0191 and id is 1 raw text is: CONTRACTS 2D
Generally
W.Va.2020. Cit. generally in disc. Auction bidder sued auctioneer, alleging that defendant permitted
third-party bidder to make bids on property being sold at the auction despite the fact that third-party
bidder did not qualify to make bids under defendant's express terms published in its advertisements and
auction catalogs, which resulted in plaintiff bidding at a higher price than necessary. The trial court
granted plaintiff's motion for summary judgment. This court affirmed, holding, as a matter of first
impression, that the terms and conditions of the auction stated in defendant's advertisements and
catalogs imposing certain qualifications on prospective bidders constituted an enforceable agreement
between the parties under Restatement Second of Contracts § 28, and defendant violated the terms and
conditions when it required plaintiff to meet those qualifications before bidding but did not do the same
for third-party bidder. The court noted that it looked to the Restatement Second of Contracts for
guidance in analyzing contract requirements in the context of auctions. Alex Lyon & Son, Sales
Managers & Auctioneers, Inc. v. Leach, 844 S.E.2d 120, 126.
CHAPTER 1. MEANING OF TERMS
§ 1. Contract Defined
C.A.8, 2020. Cit. and quot. in sup.; com. (f) quot. in sup. Surety that relied on a letter of credit from
credit union to issue payment and performance bonds to construction contractor brought claims for
wrongful repudiation and wrongful dishonor of a letter of credit under North Dakota law against
National Credit Union Administration Board, after defendant appointed itself conservator of credit union
and repudiated the letter of credit. The district court granted defendant's motion to dismiss, finding that
defendant was authorized to repudiate contracts such as the letter of credit under a federal statute that
preempted conflicting North Dakota law. Reversing and remanding for further proceedings, this court
held that, while the letter of credit was a contract for purposes of the federal statute, it was premature at
this stage to declare that the federal statute actually conflicted with and preempted North Dakota law.
The court explained that the promise made by credit union in the letter of credit was a legally
enforceable obligation to issue funds that fit within the common-law definition of a contract set forth in
Restatement Second of Contracts § 1. Granite Re, Inc. v. National Credit Union Administration Board,
956 F.3d 1041, 1045, 1046.
Wash.App.2020. Quot. in sup. Condominium-unit owners, on behalf of themselves and other unit
owners, brought claims of breach of contract and breach of the implied covenant of good faith and fair
dealing against, among others, residential condominium association, alleging that defendant breached a
residential declaration and a master declaration defining the rights and responsibilities of all owners of
residential or commercial property on the development encompassing the condominium by improperly
and disproportionately relegating common-area expenses to unit owners. The trial court granted
defendant's motion for judgment on the pleadings. This court affirmed, holding that plaintiffs failed to
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