Legal Opinion
Caincare, Inc. v. Ellison
Court of Appeals of Georgia
Decided March 15, 2005No. A04A1650PublishedCited by 18 opinions
1Opinion of the Court
Adams, Judge.
This case concerns whether a liquidated damage clause contained in a sales agreement between Caincare, Inc. and Discount Drug of Dalton, Ga., Inc. is a reasonable estimate of damages or an unenforceable penalty.
On January 1,2002, Discount Drug entered into an agreement to sell its Valu-Rite pharmacy to Caincare. Pursuant to the agreement, Caincare was required to extinguish all vestiges of the Valu-Rite name from its business, and it did so with a single exception: ‘Valu-Rite” still appeared in small print at the top of faxes sent out by Caincare, even though Caincare was using…
2Cases cited17 opinions
- Southeastern Land Fund, Inc. v. Real Estate World, Inc.Supreme Court of Georgia · 1976
- Imaging Systems International, Inc. v. Magnetic Resonance Plus, Inc.Court of Appeals of Georgia · 1997
- Liberty Life Insurance Company v. Thomas B. Hartley Construction Company Inc.Supreme Court of Georgia · 1989
- Carter v. Tokai Financial Services, Inc.Court of Appeals of Georgia · 1998
- Swan Kang, Inc. v. Tae Sang Kang (Yi)Court of Appeals of Georgia · 2000
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Mariner Health Care Management Co. v. Sovereign Healthcare, LLCCourt of Appeals of Georgia · 2010
- Ellis v. FullerCourt of Appeals of Georgia · 2006
- National Service Industries, Inc. v. Here to Serve Restaurants, Inc.Court of Appeals of Georgia · 2010
- Fuqua Construction Co. v. Pillar Development, Inc.Court of Appeals of Georgia · 2008
- Turner v. Atlanta Girls' School, Inc.Court of Appeals of Georgia · 2007
13 more not listed; retrieve them via the Exa API.