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Business Entities Keyed to Chiappinelli
Payer v. The SGL Carbon, LLC
Citation:2006 WL 2714190 (W.D.N.Y.)
In December 2002, the plaintiffs and SGL executed a purchase and sale agreement for the sale of an approximately twenty-two acre parcel of industrial real property, owned by SGL. The agreement was negotiated with and executed by Payer as CEO of the purported buyer corporation, Transition Metals. SGL was advised that the buyer of the property was to be listed on the contract as “Transition Metals Technology, Inc.” On June 30, 2003 Payer signed a promissory note as CEO of Transition Metals. During this time, however, Transition Metals was not yet incorporated. The contract contained numerous contingencies which had to be satisfied by all parties prior to closing. Plaintiffs claim that SGL was in breach of contract. Eventually, SGL informed plaintiffs that it had cancelled the agreement. Plaintiff brought the action against SGL for breach of contract and misappropriation of confidential information.
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