Premier, Inc. v. Peterson, 2012 NCBC 59, decided last Friday by Judge Murphy, turned on a strict application of the parol evidence rule.
At issue was whether the defendants were entitled to a substantial earn-out payment under a Stock Purchase Agreement. The Plaintiff had purchased the Defendants’ software business of selling a Web-based surveillance and analytic services to healthcare providers.
Interpretation of the Contract
The Stock Purchase Agreement called for the earnout payment to be made on a series of five year anniversaries of the acquisition date. The calculation
Continue Reading Parol Evidence Rule Barred Defendants’ Interpretation Of Earn-Out Provision
The NC Court of Appeals ruled today on what it means to be a "prevailing party" under N.C. Gen. Stat. §6-21.5 so as to be entitled to recover attorneys’ fees. There was no North Carolina precedent — until now — on this issue.