· 7/28/2005
Jeffrey M. Brown and Jeffrey M. Brown Associates, Inc. v. Charles Cara and Tracto Equipment, Corp., Docket No. 04-5968-Cv
Citations
- 420 F.3d 148
- 2005 U.S. App. LEXIS 15470
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the agreement at issue was a binding Type II agreement and remanding to the District Court to determine if the facts in the case “reflect good faith”
- observing that “absence of an expressed reservation is of little significance, particularly in view of the ... statement that a formal contract is forthcoming”
- finding the existence of a Type II agreement to be consistent with the context of the negotiations
- recognizing the enforceability of contracts to negotiate under New York law
- affirming district court decision that a memorandum of understanding was a non-enforceable agreement to agree
- binding Type II agreement set forth “general working framework” including basic design parameters for real estate project, provisions for division and distribution of future proceeds, and specific responsibilities of each party
Source: CourtListener parenthetical corpus (CC0).
Judges: Straub, Sack, Kravitz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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