Reference no: EM131379304
Through Langham Engineering, Michael Langham marketed his invention, the cross-slope monitor (CSM), as an accessory to John Deere equipment. He had a plan to expand his business to include the CSM as an accessory to Caterpillar Tractor (CAT) equipment.
To do this, Langham and Clark Balderson of Balderson , Inc., entered a preincorporation agreement (PIA), in which Langham agreed to contribute his technical abilities, and Balderson agreed to contribute his leadership capabilities to manufacture and market the CSM to CAT. No release clause was included in the PIA. The resulting corporation was named Illinois Controls, Inc. Balderson was designated the president and chairman of the board, and Langham was named vice president.
Over the next two years, Balderson failed to train and motivate the sales staff about the proper techniques for selling the CSM to CAT dealers. Balderson also neglected to arrange demonstrations and consignment sales, failed to employ properly trained personnel, and disregarded the need to develop, print, and distribute installation manuals for the CSM.
Finally, Balderson set up another corporation named the Dymax Corporation, which dealt with CAT's competitors, thereby undermining Illinois Control's relationship with CAT. As a result, Illinois Controls was forced to shut down operations. Langham sued Balderson personally for the losses that he incurred as a result of Balderson's failure to meet his obligations as outlined in the PIA.
Balderson argued that the PIA was a promoter's contract and that the corporation had adopted it. Therefore, Illinois Controls should be held liable. Was Balderson correct? Explain.
Illinois Controls, Inc., v. Langham, 639 N.E.2d 771 (OH).
How is the u.s. economy different from a command economy
: How is the U.S. economy different from a command economy and Can the U.S. economy be called a true free market economy?
|
Who is correct in the given situation
: The state responded by noting that under the state constitution, it had operated properly and Aerenthal was not entitled to due process. Who is correct here? Explain.
|
Discussing and exchanging prices on certain contracts
: Based on the above facts, please identify: The type(s) of white collar crime(s) for which Wilson has been charged. As part of your response, please include a brief explanation of any white collar crimes that you identify; and Whether Wilson will su..
|
Are the names similar enough to cause the court
: Consequently, it filed suit to stop General Mutual from using the name because of the confusion between the two entities. Are the names similar enough to cause the court to order General Mutual to change its name? Explain.
|
Was balderson correct in the given situation
: Balderson argued that the PIA was a promoter's contract and that the corporation had adopted it. Therefore, Illinois Controls should be held liable. Was Balderson correct? Explain.
|
Analysis of the fiscal soundness and long-term viability
: An analysis of budget line items, costs, sources of revenue, and deficits and an analysis of the fiscal soundness and long-term viability
|
Did the oklahoma state court have jurisdiction over wwv
: It also did not indirectly through others serve or seek to serve the Oklahoma market. Did the Oklahoma state court have jurisdiction over WWV? Explain.
|
What are the relationships between trust and respectability
: What are the relationships between trust, respectability, risk, and white collar crime, and how do these relationships differ when the crime involved is conventional, rather than white collar
|
Was spence correct in the given situation
: Spence claimed that the corporation was liable and that his personal assets were not a proper target of the suit. Was Spence correct? Explain.
|