Legal Opinion

Smith v. YOUNG MOVING AND STORAGE, INC.

Court of Appeals of North Carolina

Decided December 21, 2004No. COA03-1593PublishedCited by 14 opinions

1Opinion of the Court

HUNTER, Judge.

By this appeal Kay C. Smith (“plaintiff’), contends the trial court erroneously confirmed the arbitration award and should have granted plaintiff’s motion to vacate said award because the settlement agreement was not a binding and enforceable agreement. Specifically, plaintiff challenges the arbitration award based upon three grounds: (I) the 18 February 2002 letter did not constitute a binding and enforceable settlement agreement; (II) the arbitrator and trial court did not properly identify condition precedents and (III) North Carolina law mandates that arbitration is…

2Cases cited16 opinions

  1. Cyclone Roofing Co. v. David M. LaFave Co.Supreme Court of North Carolina · 1984
  2. Chappell v. RothSupreme Court of North Carolina · 2001
  3. Normile v. MillerSupreme Court of North Carolina · 1985
  4. Harris v. Ray Johnson Construction Co.Court of Appeals of North Carolina · 2000
  5. Carolina Virginia Fashion Exhibitors, Inc. v. GunterCourt of Appeals of North Carolina · 1979

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Charlotte Motor Speedway, LLC v. County of CabarrusCourt of Appeals of North Carolina · 2013
  2. Dalenko v. Peden General Contractors, Inc.Court of Appeals of North Carolina · 2009
  3. Faison & Gillespie v. LorantCourt of Appeals of North Carolina · 2007
  4. Purcell International Textile Group, Inc. v. Algemene AFW N.V.Court of Appeals of North Carolina · 2007
  5. Carroll v. FerroCourt of Appeals of North Carolina · 2006

9 more not listed; retrieve them via the Exa API.

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