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Old 05-23-2008, 08:51 AM
Ayatollahgondola Ayatollahgondola is offline
Senior Member
 
Join Date: Sep 2007
Posts: 108
Default Bixby vs Rexell Electric Co.

Rexell Electric sued Bixby for damages relating to goods supplied to a jobsite that were secured by a lien on Bixby's Customer's real property.

though fully set forth herein.
Quote:

7
8. Within the last two years, Plaintiff entered into an

8
agreement ("Agreement") in writing with MJB and Does 1 through

9
25, whereby Plaintiff agreed to and did furnish to MJB certain
10 electrical materials, equipment and supplies and MJB and Does
1

11 through 25 agreed to pay for same.

12
9. Pursuant to the Agreement, MJB and Does 1 through 25
13 promised to pay interest on overdue balances at the rate of 1~%
14 per month, plus costs of collection, including reasonable

15
attorneys' fees.

16
10. Plaintiff has fully performed all of the terms and

17
conditions on its part to be performed pursuant to the Agreement.

18
11. Although demand has been made, MJB has failed and

19
refused to pay to Plaintiff any of the amounts due for the

20
materials furnished by Plaintiff to MJB, in breach of the

21
Agreement.

22
12. As a result of MJB's breach of the Agreement, Plaintiff

23
has been damaged in the total sum of not less than $15,181.66,

24
together with interest thereon at the rate of 1~% per month from
Quote:

25
August 25, 2004, plus reasonable attorneys' fees and costs.

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Last edited by Ayatollahgondola : 06-10-2009 at 10:45 AM.
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