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Contracts
Breach of Contract
Promissory Notes

Exxon Chemical Americas v. Polyliner, Inc.

Published: Apr. 3, 1999 | Result Date: Feb. 23, 1999 | Filing Date: Jan. 1, 1900 |

Case number: BC187975 Verdict –  $150,000

Judge

J. Stephen Czuleger

Court

L.A. Superior Central


Attorneys

Plaintiff

Michael A. Gutenplan


Defendant

Robert J. Harrison


Experts

Plaintiff

Mark L. Sax
(technical)

Facts

In September 1995, defendant Polyliner purchased two automatic bagging machines from plaintiff Exxon. The transaction was documented by a promissory note and, thereafter, an "addendum" thereto. Despite numerous extensions, the defendant ceased making payments to Exxon, as of Jan. 15, 1997. The plaintiff brought this action against the defendant based on breach of contract and common count.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $_________. The defendant made a C.C.P. º998 offer of compromise for $__________.

Damages

The plaintiff was damaged and received judgment for the full principal balance due under the promissory note and addendum of $107,700.47, prejudgment interest thereon at 10% per annum from Jan. 15, 1997, to date of entry of judgment $22,736.90 through Feb. 24, 1999, plus costs and plaintiff attorneys fees $28,000 claimed, per Texas statute, for a total judgment in excess of $150,000.

Other Information

The verdict was reached approximately nine months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19____ before _______ (name) of (affiliation) resulting in _____________.

Length

one day


#80363

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