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Contracts
Breach of Oral Contract
Unpaid Balance

William Vogt v. C.E. Allencompany Inc.

Published: Dec. 31, 2010 | Result Date: Sep. 7, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 30-2009-00123398 Bench Decision –  $44,179

Court

Orange Superior


Attorneys

Experts

Plaintiff

Charles A. Champion
(technical)

Facts

Plaintiff/cross-defendant William Vogt is the owner and operator of an oil well in the City of Huntington Beach known as the "HBAL #1." He entered into an oral agreement with defendant/cross-complainant C.E. Allencompany Inc. whereby he retained AllenCompany to service the HBAL#1 well. AllenCompany is a service company which provides downhole services on ground wells.

While AllenCompany was on the job site, pipe fell down the hole of the HBAL#1 well. Vogt did not pay AllenCompany for the services performed.

Contentions

PLAINTIFF'S CONTENTIONS:
Vogt contended that C.E. AllenCompany Inc.'s conduct caused the incident and damage to the HBAL#1 well.

DEFENDANT'S CONTENTIONS:
C.E. AllenCompany Inc. denied Vogt's claims.

C.E. AllenCompany Inc. filed a cross-complaint for breach of contract seeking payment for Vogt's unpaid balance of $35,988 for services rendered.

Settlement Discussions

Vogt offered to settle for $1.5 million. C.E. Allencompany Inc. offered to settle for $600,000.

Damages

Vogt sought more than $1,000,000 in damages.

Result

Judgment was entered in favor of C.E. Allencompany Inc. and against Vogt on all claims in Vogt's complaint. Judgment was entered in favor of C.E. AllenCompany Inc. and against Vogt on C.E. AllenCompany's claim for breach of contract. C.E. AllenCompany recovered $35,988 in damages, plus $8,191 in costs of suit.

Other Information

FILING DATE: May 20, 2009.


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