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Real Property
Breach of Contract
Promissory Notes

Tony English and Robin English v. Kathleen Lovato and Jake Lovato

Published: Jun. 26, 1999 | Result Date: Dec. 16, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 97CV2889 Verdict –  $19,491

Judge

Frank Plaut

Court

Jefferson District


Attorneys

Plaintiff

J. Gregory McAuliffe


Defendant

Richard J. Goff


Facts

Plaintiffs Tony and Robin English owned a hair salon which they sold to the defendants for $40,000. The defendants, Kathleen and Jake Lovato paid $20,000 in cash and signed a promissory note in the amount of $20,000. The defendants also signed an Asset Purchase Agreement for a VISA machine. Six months after the sale, several of the salonÆs long-time employees left and started a salon in a vacant space across the street. The vacant space had previously housed a hair salon where plaintiff Robin English worked before starting her own salon. The defendants later sold the salon for $18,000. The plaintiffs brought this action against the defendants based on nonpayment of a promissory note and breach of the asset purchase agreement.

Damages

$20,590.65 (for nonpayment of the promissory note and $1,200 to $1,500 for the VISA machine). $12,000 (for the counterclaim which represented the difference of the purchase price of the hair salon [$40,000] and what the defendants sold it for [$18,000]).


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