Facts

On May 20, 2002, plaintiff ATM Capitol Co. contracted with Longs Drug Stores California to install ATM machines in about 400 stores.

PLAINTIFF'S CONTENTIONS:
Plaintiff brought an action against Longs Drugs alleging breach of contract, breach of covenant of good faith as well as fair dealing, and also sought declaratory relief. The plaintiff claimed that the defendant took too long in installing the machines. Plaintiff also contended that defendant did not have sole authority to determine where the ATMs would be placed in each store.

DEFENDANT'S CONTENTIONS:
Longs Drugs asserted that, as the owner of the premises, it had exclusive control over where machines should be placed. It also asserted that delays were reasonable and that they were caused by plaintiff. Lastly, defendant claimed that plaintiff did not give notice or opportunity to cure, which was required by the terms of their agreement.

Damages

An accounting expert for the plaintiff, Jonathan Sabby, estimated that ATM lost anywhere from $7,620,023 to $54,039,305.

Result

After ATM presented its evidence and the testimony of 12 witnesses, defendant moved for a nonsuit. Judge Gary Tranbarger granted the nonsuit.