Breach of Contract Cases

Judgment affirmed. The trial court did not err when it determined that defendants-appellants were not the prevailing parties because both parties were in breach of contract. Competent and credible evidence supported the trial court's determination of damages in favor of plaintiffs-cross appellants. The trial court's determination that defendants-appellants did not prove that they were entitled to advertising costs was not against the manifest weight of the evidence. The trial court did not err in dismissing or failing that plaintiffs-cross appellants failed to prove their claims of unjust enrichment, intentional misrepresentation, and negligent misrepresentation. The damages calculation in favor of the independent contractor work was not in error. Plaintiffs-cross appellants' assertion of error in the trial court's damages award for independent contractor services was not presented to the trial court and may not be heard for the first time on appeal. All assignments of error and cross assignments of error are overruled and the trial court's judgment is affirmed.

Breach of contract Hospital termination of physician's employment contract Contractual right to exercise professional judgment Wrongful discharge and public policy Defamation and defense of qualified privilege

Trial court's determination that appellants did not establish that a novation occurred in this case was not against the manifest weight of the evidence.

At an earlier time, Byron L. Jackson, Jr. (plaintiff) and defendant Jay Howard Crippen operated a company named Swiss Technologies, Inc. There were disagreements. The parties engaged in mediation. Following mediation, the parties, including Swiss, entered into a three year consulting agreement for Jackson pursuant to which he was to be paid $30,000 annually, "less the cost of health and related insurance." The contract provides that plaintiff "shall be entitled to health and related insurance . . . on the same term as other employees of [Swiss]." The parties stipulated that every other employee paid no more than one-half the cost of their health insurance, and employer paid the other half. Defendants Crippen and Swiss (collectively defendants) deducted the full amount of health insurance premiums from plaintiff's pay. Plaintiff brought this action for breach of contract. The trial court held that the contract was unambiguous, and that it required defendants to pay one-half of plaintiff's health care insurance costs. We affirm.

Contracts–trial court's determination to use company's tax returns for purposes of calculating "net profits" not against the manifest weight of the evidence when company vice president offered conflicting accounts of how she determined net profits trial court entitled to find vice president's testimony not worthy of belief trial court's finding that employer agreed to provide employee health insurance coverage not against the manifest weight of the evidence when three out of four people present at meeting during which employment offered testified that employer would provide health insurance appellant's argument that trial court failed to charge cost of motorcycle trailer against appellee's share of net profits unsupported–instead, trial court did charge cost of motorcycle trailer to appellee trial court's finding that golf cart in appellee's possession constituted gift not against manifest weight of the evidence

legal malpractice, statute of limitations, termination date, cognizable event, fraud, separate claims

condominium termination breach of fiduciary duty veil piercing breach of contract unfair trade practices statutory obligations motion to dismiss