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
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
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