Legal Opinion
Ramada Franchise Systems, Inc. v. Motor Inn Investment Corp.
District Court, S.D. Georgia
Decided January 11, 1991No. Civ. A. 490-140PublishedCited by 4 opinions
1Opinion of the Court
ORDER
ALAIMO, District Judge.
In this diversity action, plaintiff (franchisor) seeks liquidated damages, costs and attorney’s fees for defendants’ (franchisee) alleged breach of a franchise agreement. The agreement expressly provides for the recovery of liquidated damages as compensation for a premature termination of the contract by the franchisee. Attorney's fees and costs are similarly included in the agreement to cover the expenses incurred in enforcing the terms and conditions of the agreement. Thus, based on this agreement, plaintiff has moved for summary judgment alleging that defendants…
2Cases cited30 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Peter L. Battista, Jr. v. Lebanon Trotting Association, and John J. Carlo, Peter L. Battista, Jr. v. Lebanon Trotting Association, and John J. CarloCourt of Appeals for the Sixth Circuit · 1976
- Southeastern Land Fund, Inc. v. Real Estate World, Inc.Supreme Court of Georgia · 1976
- John Thrasher v. State Farm Fire and Casualty Company, a CorporationCourt of Appeals for the Eleventh Circuit · 1984
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3Cited by4 opinions
- Radisson Hotels International, Inc. v. Majestic Towers, Inc.District Court, C.D. California · 2007
- Days Inn of America, Inc. v. PatelDistrict Court, C.D. Illinois · 2000
- HLT Existing Franchise Holding LLC v. Worcester Hospitality Group LLCDistrict Court, S.D. New York · 2014
- Travelodge Hotels, Inc. v. Kim Shin Hospitality, Inc.District Court, M.D. Florida · 1998