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· 3/15/2005

Caincare, Inc. v. Ellison

Citations

  • 612 S.E.2d 47
  • 272 Ga. App. 190
  • 2005 Fulton County D. Rep. 834
  • 2005 Ga. App. LEXIS 251

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that liquidated damages were not a reasonable pre-estimate of probable loss
  • discussingprocedural posture where party seeks to recover for breach of contract only pursuant to unenforceable liquidated damages provision
  • Under OCGA § 13-6-11, “a defendant is only entitled to recover fees ... associated with prosecuting a successful counterclaim.”
  • liquidated damages provision was unenforceable in part because “the owner of [the employer] never explained how the parties calculated” the specific amount of damages

Source: CourtListener parenthetical corpus (CC0).

Judges: Adams, Ruffin, Bernes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.