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Contracts
Breach of Contract
Oral Agreement

Premier Coach Inc. v. RCC Holdings, a Nevada Corporation, Gene Newton

Published: Jun. 25, 2011 | Result Date: Feb. 7, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 07CC12340 Verdict –  $57,184

Court

Orange Superior


Attorneys

Plaintiff

Richard V. McMillan


Defendant

Michael P. Bryant
(Gordon & Rees LLP)


Facts

Premier Coach, Inc. entered into a business agreement with RCC Holdings and its chairman of the board, Gene Newton, on Dec. 20, 2006. The oral agreement consisted of an open book account, and RCC sought Premier's services to fix electrical problems in its converted motor home, as well as upgrades to the air-conditioning and battery systems.

Contentions

PLAINTIFF'S CONTENTIONS:
Premier filed suit against RCC and Newton, alleging amounts due for services under the oral agreement and open book account. Premier contended it performed the required services on RCC's motor home, which cost $87,189, and it received three checks fro RCC, two of which had stop payments. Premier alleged it only received $30,000 and was owed $57,184.30. Premier contended it attempted to contact RCC and Newton, but was unable to do so.

DEFENDANT'S CONTENTIONS:
Newton alleged that Premier failed to comply with state requirements regarding repairs, and therefore there was no valid business agreement. Newton contended that the State Bureau of Automatic Repairs required a mechanic to present a written estimate in order to recover payment for services. Newton further contended that the charges were unreasonable and well above the $20,000 original oral estimate.

Damages

Premier sought damages for the principle sum of $57,184.30, as well as interest, attorney fees, and costs.

Result

The court found in favor of Premier, awarding it $57,184.30 in principle damages as well as interest, attorney fees, and costs.


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