Paul Schmitz v. Ron Tenuta, Nancy Tenuta
Published: Mar. 6, 2010 | Result Date: Sep. 1, 2009 | Filing Date: Jan. 1, 1900 |Case number: RG-07319265 Bench Decision – $246,247
Facts
Plaintiff Paul Schmitz contracted to store 56 barrels of his organic wine, at a temperature between 55 and 65 degrees, at a Vineyard owned by Ron and Nancy Tenuta for a monthly fee. The wine was found to be spoiled and unusable after, in August 2006, the barrels were discovered outside the storage room and sitting in the sun. Schmitz filed suit for breach of contract and conversion. The Tenutas cross-complained for breach of contract.
Contentions
PLAINTIFF'S CONTENTIONS:
Schmitz claimed that the Tenutas breached the agreement by allowing the wine to spoil. Also, Schmitz claimed that, in September 2006, the Tenutas converted the barrels to their possession.
DEFENDANTS' CONTENTIONS:
The Tenutas claimed that Schmitz breached the contract by failing to properly care for his own product and failing to pay to the agreed storage fee since May 2006.
Damages
Schmitz alleged he sustained damages of $400,000.
Result
A verdict was found for Schmitz. The defendants were not awarded anything on their cross-complaint.
Other Information
FILING DATE: April 5, 2007.
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