This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Business Law
Breach of Contract
Failure to Pay

Koyo Corp. of USA v. OTC Group, Inc.

Published: Dec. 14, 1996 | Result Date: Nov. 12, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC124358 –  $45,918

Judge

Florence T. Pickard

Court

L.A. Superior Central


Attorneys

Plaintiff

Mark T. Palin


Defendant

Tony D. Chen


Facts

On May 10, 1994, plaintiff Koyo Corp. of USA manufactured and sold to defendant OTC Group, Inc., certain bearings for use in a briquetting machine. OTC refused to pay the balance owing, claiming that Koyo breached the contract. The plaintiff brought this action against OTC based on breach of contract, goods had and received and declaratory relief. OTC cross-complained against Koyo for breach of contract and breach of the implied covenant of good faith and fair dealing.

Settlement Discussions

The plaintiff made a settlement demand for $40,000. The defendant made no settlement offer.

Damages

The plaintiff sought $45,918 in damages under the contract. The cross-complainant sought $500,000 in damages for breach of contract.

Other Information

The verdict was reached approximately two years and eight months after the case was filed.


#79024

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390