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Contracts
Breach of Contract
Quantum Meruit

Trevor Schaus v. Wesley Michael Cade, Cade Customs Inc., Does I through X, and Roe corporations 1 through 10, inclusive

Published: Aug. 11, 2012 | Result Date: Feb. 10, 2012 | Filing Date: Jan. 1, 1900 |

Case number: A614647 Verdict –  $25,000

Court

Clark County District, Nevada


Attorneys

Plaintiff

Eric Dobberstein


Defendant

Marsha L. Stephenson


Facts

In February 2008, Trevor Schaus entered into an agreement with Cade Customs Inc. and Wesley Cade, under which Cade agreed to fix, reconstruct, and customize a 1954 Chevrolet, a 1962 Cadillac Eldorado, and a 1965 GMC Suburban, and Schaus paid $500 per vehicle. Cade also paid $8,104 in progress payments, and $2,500 for parts. In April 2008, Schaus agreed to loan Cade $6,000 in exchange for work on the GMC, and Cade agreed to perform $1,000 per month of work on the vehicles at $40 per hour. Later, Schaus sued Cade and Cade Customs, alleging breach of contract.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged Defendants failed to perform the work, and any performed work was done in an unprofessional manner below industry standards. Plaintiff also claimed that Defendant tried to overcharge him, did not order certain parts, and did not perform in a timely way. In particular, the causes of action included breach of contract, unjust enrichment, misrepresentations, negligence, breach of the covenant of good faith and fair dealing, detrimental reliance, fraud, deceptive trade practices, and respondeat superior against Cade Customs.

DEFENDANT'S CONTENTIONS:
Defendant argued that the work it performed was of good quality, and that it had repaid the loan.

Settlement Discussions

Plaintiff demanded $16,500 and Defendant offered $2,001.

Damages

Plaintiff requested $6,000 based on the loan, $11,094 for bodywork, and $9,630 for repair costs.

Result

The jury awarded Plaintiff $25,000 against Cade Customs.


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