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Smart Online, Inc. v. OpenSite Technologies, Inc.

2003 WL 21555316 (2003)

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Smart Online, Inc. v. OpenSite Technologies, Inc.

North Carolina Superior Court
2003 WL 21555316 (2003)

Facts

OpenSite Technologies, Inc. (OpenSite) (defendant) manufactured software. In March 2000, OpenSite entered into a contract with Smart Online, Inc. (plaintiff), allowing Smart Online to utilize OpenSite’s software on Smart Online’s website. The software in question was prepackaged—that is, OpenSite did not develop the software in response to Smart Online’s specific needs or requests. Smart Online subsequently sued OpenSite for breach of contract under the Uniform Commercial Code (UCC). OpenSite moved to dismiss.

Rule of Law

Issue

Holding and Reasoning (Tennille, J.)

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Commercial Law

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