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Contracts
Breach of Contract
Supplier

Hisham Francis v. Equilon Enterprises LLC

Published: Mar. 8, 2001 | Result Date: Dec. 7, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 99CV1196WFN Bench Decision –  $761,804

Court

USDC Southern District of California


Attorneys

Plaintiff

Stephanie Sontag


Defendant

David A. Destino


Facts

Plaintiff Hisham Francis and defendant Equilon entered negotiations for entry into a supply agreement for a
service station to be purchased by Francis in Phoenix, Ariz.
Based on the alleged repeated assurances by defendant, plaintiff did not pursue any other options for supply.
After several extensions to the escrow closing, defendant allegedly notified plaintiff that it would not move
forward with its supply agreement.
Without a supply agreement, the funding failed and plaintiff not only lost a valuable asset, but the money spent
in reliance on the agreement to supply the station and lost the benefits of a tax-free exchange of property.
The plaintiff had already closed escrow on adjoining property for the purpose of constructing a car wash to
operate in conjunction with the station.

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