This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Breach of Oral Contract
Fraud, Promissory Estoppel

Burton Bath, Lois Bath v. Montgomery Bush, Rebecca Bush

Published: Aug. 2, 2008 | Result Date: Jun. 23, 2008 | Filing Date: Jan. 1, 1900 |

Case number: SC048831 Arbitration –  Defense

Court

Ventura Superior


Attorneys

Plaintiff

Randall S. Shiffman
(Randall Shiffman Law Corporation)


Defendant

Kevin Patrick McVerry


Facts

Clay Bush, the son of defendants, Montgomery and Rebecca Sue Bush, entered into a contract with plaintiffs, Burt and Lois Bath, relating to the sale of a mobile paintless dent repair business purchased from plaintiffs' son. At the time that Clay Bush entered into the agreement, he was engaged to plaintiffs' daughter, Debbie Bath.

After Debbie Bath and Clay Bush broke up, Clay Bush signed a note for $140,000 for plaintiffs. Six months later, when Clay Bush failed to make payments on the note, suit was brought against Clay Bush as well as Montgomery and Rebecca Sue Bush.

Contentions

PLAINTIFFS' CONTENTIONS:
The plaintiffs alleged that Montgomery and Rebecca Sue Bush orally agreed to pay Clay Bush's obligation. The plaintiffs alleged that they would not have entered into the agreement with Clay Bush but for his parents' oral agreement. The plaintiffs alleged fraud and promissory estoppel as well as breach of oral contract.

DEFENDANTS' CONTENTIONS:
The defendants denied entering into any agreement with plaintiffs and denied any intention to stand behind their son in this business. The defendants argued that the total amount actually owed was $15,000, in that was the total sum loaned to Clay Bush. The defendants also argued that plaintiffs' son has retaken over the dent repair business; has recovered the truck that was used in the business and that over $100,000 of the $140,000 loan was plaintiffs' forgiveness of a loan to their son.

Damages

The plaintiffs alleged loss of $140,000 plus attorney fees under the Note.

Result

Arbitration award for defendants.

Other Information

PLEASE PROVIDE: ARBITRATION DATE: ________________ CASE NUMBER: _________________


#107840

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390