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CONFIDENTIAL

Aug. 10, 1996

Business Law
Breach of Written Guaranty
Contract Damages

Confidential

Settlement –  $252,052

Judge

Joel Mark

Court

Confidential


Attorneys

Plaintiff

Mark S. Hoffman
(Mark S. Hoffman APC)


Defendant

Jess R. Bressi


Facts

The claimant, state bank, commenced an arbitration for damages under a written guaranty executed by the respondent. The plaintiff claimed that the respondent had guaranteed the indebtedness of the corporate borrower. The respondent contended that he had no liability under the written guaranty to the claimant. The claimant brought this action against the respondent based on a breach of written guaranty theory of recovery.

Settlement Discussions

The claimant made a settlement demand of payment of the principle, interest, late fees, attorney's fees and costs. The respondent made no settlement offers.

Damages

The claimant claimed $204,776.05 in damages, interest at the contract interest rate, late fees, attorney's fees and costs.

Other Information

The award was rendered approximately six months after the case was filed. The arbitrator awarded $204,776.05 (prior debt); $22,621.30 (interest); $174.50 (late fees); $22,750 (attorney's fees); and $1,730.23 (costs).


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