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Breach of Contract?

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lrs52200

Junior Member
What is the name of your state (only U.S. law)? New York

New York Corporation "A" is sold to New York Corporation "B", including all accounts and material property. The Purchasing Corporation decides not to continue to service a customer account and sells that account to another service provider. The customer then takes a copy of his contract with NY Corporation "A" and sues for breach of contract.
Corporation "A" is sold on 3/2/09 with a closing date of 5/1/09. The suit is brought only against Corporation "A" on or about 4/18/09.

Does the customer have a valid case? The asset purchase agreement between the corporations has a convenant not to compete in it.
 


Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? New York

New York Corporation "A" is sold to New York Corporation "B", including all accounts and material property. The Purchasing Corporation decides not to continue to service a customer account and sells that account to another service provider. The customer then takes a copy of his contract with NY Corporation "A" and sues for breach of contract.
Corporation "A" is sold on 3/2/09 with a closing date of 5/1/09. The suit is brought only against Corporation "A" on or about 4/18/09.

Does the customer have a valid case? The asset purchase agreement between the corporations has a convenant not to compete in it.
Customer has a contract with corp A. Ownership of corp A is irrelevant.

Whether the contract was breached depends on the terms contained in the contract.
 

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