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Business Associations Keyed to Bainbridge
Duray Development, LLC v. Perrin
Citation:792 N.W.2d 749 (2010)
On September, 2004, Duray Development entered into a contract with Perrin and Perrin Excavating for excavating the property. On October, 2004, Duray Development and Perrin entered into a new contract, intended to supersede the September contract. The new contract contained the same language but it was between Duray Development and Outlaw Excavating, LLC, and Perrin and Perrin Excavating were not parties. Outlaw was an excavation company that Perrin had recently formed. Two contracts were drafted because Perrin had not yet formed Outlaw at the time of the first contract. However, Duray Development did not want to wait and entered into the first contract. Defendants began excavation but did not perform satisfactorily. Duray Development then sued defendants for breach of contract. Duray Development found that Outlaw did not obtain a status as a limited liability company.
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