Archie Galea; Shirley Galea and Itek Trust v. U.S. Auto Pawn Inc., a Nevada Corp.; John Slyman
Published: Oct. 18, 1997 | Result Date: Sep. 18, 1997 | Filing Date: Jan. 1, 1900 |Case number: A362857 – $180,673
Judge
Court
Clark County District, Nevada
Attorneys
Plaintiff
Defendant
Facts
On or about Feb. 25, 1993, defendant U.S. Auto Pawn, and its partner, agent and employee defendant Christopher Wood, placed an advertisement in the Las Vegas Review Journal newspaper seeking people to invest, risk free, in U.S. Auto Pawn. The plaintiffs, Archie and Shirley Galea, responded to the advertisement and met with defendants John Slyman, president of U.S. Auto Pawn, their agent defendant Wood and attorney Theodore Manos. The plaintiffs agreed to invest $100,000 in U.S. Auto Pawn and a written investment agreement was signed by the parties on March 10, 1993. Pursuant to the agreement, the plaintiffs' investment was to be returned to them in one year with 25 percent interest. The agreement also provided, among other things, that upon breach of the agreement, the aggrieved party would be entitled to attorney fees and costs. On or about Oct. 27, the plaintiffs requested that defendants U.S. Auto Pawn and Slyman return the plaintiff's investment pursuant to the agreement. On Nov. 12, 1993, defendants U.S. Auto Pawn and Slyman returned $21,000 of the plaintiffs' investment to them. However, defendants refused to return the balance of $79,000. Defendants thereafter began a series of transfers and/or assignments for the debt owed to the plaintiffs and convinced the plaintiffs to allow the defendants to assign defendants' debts to plaintiffs to Joseph Slyman (defendant John Slyman's brother) and/or Home Necessities Inc. indicating that the debt owed to the plaintiffs would be paid by third parties. The plaintiffs rescinded all assignments and/or transfers and demanded return of their investment by letter of March 28, 1996. Defendants, however, refused to return the plaintiffs' investment. The plaintiffs brought this action against the defendants based on breach of contract, accounting and money had and received theories of recovery.
Settlement Discussions
No offers or demands were made.
Damages
The plaintiffs claimed $79,000 in damages plus interest.
Other Information
The verdict was reached approximately one year and one month after the case was filed. The defendants plan to appeal.
Length
one day
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