Legal Opinion

Banyan GW, LLC v. Wayne Preparatory Acad. Charter Sch., Inc.

Court of Appeals of North Carolina

Decided February 5, 2019No. COA18-378Published

1Opinion of the Court

DAVIS, Judge.

In this breach of contract case, Wayne Preparatory Academy Charter School, Inc. ("WPA") appeals from the trial court's order granting partial summary judgment in favor of Banyan, GW LLC ("Banyan") and against WPA in the amount of $500,000. In its appeal, WPA contends that the trial court's order was erroneous because the contract at issue was unenforceable on several grounds and the liquidated damages provision that served as the basis for the court's award constituted an impermissible penalty clause. Based on our thorough review of the record and applicable law, we affirm the…

2Cases cited31 opinions

  1. Waters v. Qualified Personnel, Inc.Supreme Court of North Carolina · 1978
  2. Bicycle Transit Authority, Inc. v. BellSupreme Court of North Carolina · 1985
  3. Knutton v. CofieldSupreme Court of North Carolina · 1968
  4. North Carolina Department of Transportation v. PageCourt of Appeals of North Carolina · 1995
  5. Hardin v. KCS International, Inc.Court of Appeals of North Carolina · 2009

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