California Court of Appeal

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Colaco v. Cavotec SA, 052619

Held that two merging companies both breached an asset purchase agreement. The buyer and seller each argued that the other party had breached their agreement. On appeal, the Fourth Appellate District held that the seller's breach of certain post-closing obligations did not excuse the buyer from its obligation to pay the full purchase price, because these covenants were independent. The appeals court therefore reversed denial of the seller's JNOV motion.

Appellate Information

  • Decided
  • Published 2018/08/10


  • Aronson


  • California Court of Appeal


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