Hokanson Building Block Co., Aggrelite Rock Co. v. Thomas J. Moseley III, Robin Thomas Corp.
Published: Jul. 26, 2008 | Result Date: Apr. 8, 2008 | Filing Date: Jan. 1, 1900 |Case number: CV054123 Verdict – Defense
Facts
Plaintiffs Hokanson Building Block Co. and Aggrelite Rock Co. operated a quarry in Lake Country under a lease from the quarry's owner, Robin Thomas Corp. The lease expired on March 1, 2002 and plaintiffs were required to remove their equipment within 180 days of that date. Plaintiffs failed to move their equipment until Sept. 2004. At that time, Robin Thomas Corp. refused to permit plaintiffs to remove their equipment.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended the lease had been orally modified to allow them to leave their equipment at the site indefinitely, pending negotiations for sale of the quarry. The plaintiffs further contended their oral agreement constituted an oral modification of the lease and defendants breached their contract.
DEFENDANTS' CONTENTIONS:
The defendants denied there were any oral modifications to the lease regarding equipment removal.
Injuries
The plaintiffs asked the jury for $366,000; plaintiffs' expert testified that the equipment was worth $400,000 as of Sept. 2004.
Result
The jury returned a verdict for the defense.
Deliberation
four hours
Poll
12-0
Length
11 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390