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Construction Law
Breach of Contract
Fraud and Negligent Misrepresentation

Nowling v. Triad Systems Corp.

Published: Mar. 11, 2000 | Result Date: Dec. 7, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 12031 Verdict –  $60,000

Judge

Edward Forstenzer

Court

Mono Superior


Attorneys

Plaintiff

Paul S. Rudder

Laura M. Hagan


Defendant

Sam Gordon

John D. Guerrini


Facts

Plaintiffs owned an Ace Hardware Store in Mammoth Lakes. They purchased a computer system
from defendant that was advertised as having the entire Ace Hardware inventory preloaded. It
was also suppose to perform all the front and back office, inventory, point-of-sale and ordering
functions an Ace Hardware store required.

Settlement Discussions

The plaintiff demanded $98,500 including attorney fees. The defendant offered $20,000.

Damages

$43,000 in lease payments made on the system; $14,000 in support payments; $140,000 in consequential damages.

Other Information

Motion for attorney fees pursuant to the contract is pending.

Deliberation

six hours

Length

five days


#120925

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