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Case Briefs.Week5

Case Briefs.Week5 - Kelly Bowers 103679426 Case Briefs Week...

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XV.i Sawyer v. Mills XV.ii School-Link Technologies, Inc. v. Applied Resources, Inc. Kelly Bowers 103679426 Case Briefs Week 5 F ACTS : Sawyer (∏) was a paralegal in the office of Mills (∆). Since 94, ∆ offered an undetermined bonus to ∏ for her work. There was no real date established either other than “when the ship comes in.” After ∆’s law firm won a substantial settlement, ∏ and her husband met with ∆ and discussed the potential for this extra compensation. The husband secretly taped the conversation where, after some persuading, ∆ agreed to pay ∏ one million dollars plus an additional sixty-five thousand for a luxury car. The full amount was to be paid in monthly installments of ten thousand until the amount was paid in total. The two parties agreed to sign a written agreement which later, ∏ did and ∆ did not. ∆ paid out $165,000 in sporadic payments but then stopped. ∏ sued claiming that ∆ reneged on the promise to pay. ∆ filed for MSJ prior to trial stating that the statue of frauds barred the claim. The motion was denied an a jury awarded ∏ with the remaining nine hundred thousand. Mills filed a JNOV (judgment not withstanding verdict) again arguing on the statute of frauds. The court granted the motion. ∏ appealed saying the statute of frauds is not applicable. I SSUE : Does the statute of frauds apply to the Sawyer case? R ULE OF L AW : Statute of fraud A NALYSIS : Monthly payments of $10,000 would take 107 months to reach the agreed upon amount that was clearly state by ∏ and ∆ on the tape and layed out in the written agreement drafted by ∏’s attorney. This is well over the requisite one year. C ONCLUSION : The court affirmed the lower court’s JNOV. F ACTS : Applied Resources, Inc. (∆) makes computer hardware for point-of-sale systems – kiosks consisting of computers encases in chassis on which card readers or other payment devices are mounted. School-Link Technologies, Inc. (∏), sells food-service technology to schools. In August 2003, The NYC Department of Education asked ∏ to prose a cafeteria payment system that included kiosks. ∏ asked ∆ to participate in a pilot project, orally promising ∆ that it would be the exclusive supplied of as many as 1,500 kiosks if the NYCDOE awarded the contract to ∏. ∆ agreed. ∏ intended to cut ∆ out of the deal, however, and told the NYCDOE that ∏ would be making its own kiosks. Meanwhile, ∏ paid ∆ in advance for a certain number of goods but insisted on onerous terms for a written contract to which ∆ would not agree. ∆ suspended production of the prepaid items and refused to refund more than the $55,000 that ∏ had paid. ∏ filed suit in a federal district court against ∆. ∆ responded with a counterclaim for a breach of
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