privity of contract and privity of estate

• Campbell v. Krupp, (Ohio 2011)

Action by executrix of estate to quiet title to the deceased's home in favor of the estate, and to recover compensatory and punitive damages against the deceased's daughter, her mortgage company, and the mortgage company's title insurance agency. Judgment in favor of title insurance agency dismissing claims for damages is upheld because privity of contract did not exist with deceased. Judgment to quiet title is upheld because the power of attorney enabling the daughter to transfer the property is invalid, as the notary did not properly certify it.

• Ohio Supreme Court

• Resolution Trust Corporation, as Receiver for Nassau Savings and Loan Association, F.A., Plaintiff-Appellant, v. Selma Diamond, Ira Kaufman, Jerome Lederer, Peggy Lehman, Susan Solomon Patullo, Lloyd Ribner, as Executor of the Estate of Muriel Ribner, Horace Solomon, Lillian Solomon, Denise Tucker, Angelo Aponte, Commissioner of the Division of Housing and Community Renewal of the State of New York, and Robert Abrams, Attorney General of the State of New York, Defendants-Appellees, and New York State Division of Housing and Community Renewal, Appellee., 18 F.3d 111 (2nd Cir. 1994)

... the power to disaffirm or repudiate the contracts or leases which it finds to be burdensome. RTC cam... of landlord and tenant, with privity of contract and privity of estate, existed .. prio...

• Federal Circuits

• The disintegration of intellectual property? A classical liberal response to a premature obituary.

... of information--but only if the contractual arrangements are given strong protection, as they ... other property interests in land: life estates and remainder interests, both vested and contingen...Moxhay, the ancient doctrines of privity of contract and privity of estate hold that the bu...

• Stanford Law Review
• Vol. 62 Nbr. 2, January 2010

• Are Sikeston Limited Partnership, a Pennsylvania Limited Partnership; American Real Estate Investment Corporation, as General and Limited Partner; American Hotel Management, Inc., Appellants, v. Weslock National, Inc.; Nalcor, Doing Business as American Builders Hardware Corp., Inc., Appellees. Weslock National, Inc., Third Party Plaintiff-Appellee, v. Westinghouse Electric Corporation, Third Party Defendant-Appellee. Are Sikeston Limited Partnership, a Pennsylvania Limited Partnership; American Real Estate Investment Corporation, as General and Limited Partner; American Hotel Management, Inc., Plaintiffs, v. Weslock National, Inc.; Nalcor, Doing Business as American Builders Hardware Corp., Inc., Defendants. Weslock National, Inc., Third Party Plaintiff-Appellant, v. Westinghouse Electric Corporation, Third Party Defendant-Appellee., 120 F.3d 820 (8th Cir. 1997)

... 30, 1994, ARE Sikeston filed a breach of contract claim against Weslock National in Missouri state c... for breach of covenants arising through privity of estate. According to ARE Sikeston, Weslock Nati...

• Federal Circuits

• Lloyd v. Hough, 42 U.S. 153, 1 How. 153 (1843)

... allowed parol evidence of title to real estate to go to the jury. . 3. Because in the opinion an... tenement, could recover on the implied contract as stated in the second count of the declaration, ... action would not lie where there was no privity of contract, cited 1 Esp. 57, 59, 61; 2 Nott and M...

• U.S. Supreme Court

• MCM Funding 1997-1, Inc. v. Amware Distrib. Warehouses M&M, L.L.C., (Ohio 2006)

Summary judgment, breach of contract, unjust enrichment, lease, rent, failure to pay, assignment, sublease, default, mortgage, property, bankruptcy, receiver, settlement agreement, landlord/lessor, subtenant, res judicata, privity.

..., as debtors, "for themselves, their estates and their respective . - 3 -. successors and ass...

• Ohio Supreme Court

• Section 1: Full Faith and Credit

... loci ) is good elsewhere; the rule that contracts are to be interpreted in accordance with the laws ... State stands in no sort of relation of privity to an administrator of the same estate in another ...

• Constitution of the United States (Annotated)

• Marinelli v. Prete, (Ohio 2010)

Trial court did not err in granting defendants-appellees summary judgment on plaintiff's claims that a restrictive covenant in a deed was void as it violated the constitutional prohibition of slavery, right to free and unrestricted use of land, public policy, rule against perpetuities, caused a tortuous interference with a future business relationship, violated the Consumer Sales Practices Act, failed to run with the land, and slandered plaintiff's title to the land.

... restriction was in fact an employment contract which applied only to the original parties to the ..." the land in question; (3) there must be privity of estate between the party claiming the benefit o...

• Ohio Supreme Court

• Jack Burton Mgt. v. American Natl. Ins., (8th Cir. 2000)

... sublease and thus was liable to JBM under privity. of estate. After a bench trial on damages, the di... sublease's obligations absent privity of contract, and that American National had privity of estate ...

• Federal Circuits

• The BP Spill and the Meaning of 'Gross Negligence or Willful Misconduct

• Louisiana Law Review
• Nbr. 71-3, April 2011