Loading...
HomeMy WebLinkAbout94-07186 1 ~ l' "". ! 0111 ~ OJ . , 7 I 1 I ~ I :;l ~ c!J r c... ~ J I I j I I ::t-l 0- j .. / ~ 00 - C' ~~ . 4, Esposito was formerly the owner and operator of a fabric store and sewing center using the fictitious name Sew With Us. B. The Contract S. On January 21,1994, the building in which the business Sew With Us, owned and operated by Esposito, collapsed and thereafter, Esposito did not reopen her business, 6, Prior to January 21, 1994, Esposito had contracted with Buckley to teach several classes relating to quilling at Esposito's business, 7, As a general rule, Esposito would collect money from the prospective students and after the class was conducted would pay Buckley an agreed fee which equalled the amount of money collected from the students less an amount equal to approximately five (5) percent. 8, After the building collapsed, Esposito informed Buckley that she had spent the money given to her by the students and would be unable to refund the thousands of dollars she was holding in escrow for the students' classes with Buckley. 9, Esposito promised that if Buckley could find alternate locations to hold the scheduled classes that Esposito as soon as she received advanced funds from her insurance carrier, that she would pay over to Buckley an amount equal to all the funds Esposito had collected from prospective students presently taking or scheduled to take Buckley's classes, 10, Buckley agreed to locate classroom space. to contact the students and to hold all her scheduled classes based on Esposito's promise to pay Buckley upon Esposito's receipt of her advanced payment from her insurance carrier, 11. Within a few days of the collapse of the building, Buckley contacted many locations and was able to secure a church, a school and a craft store, each with ample space for conducting classes. 12, Buckley contacted all the current or prospective students by telephone or by mail and advised each of the new location for his or her class, . 13. Buckley held and conducted each scheduled class for which Esposito had collected money from students as follows: A. Baltimore Album Class - $1,620,00 B, Intermediate Quilting 350.00 C Flowering Heart Class 140,00 0, NFL Stars Class 432,00 E, Hunter's Star Class 216,00 F, Beginners Quilting I 000 00 Total Class Fees Collected $3,758,00 C, Breach of Contract 14. On or about May 12, 1994, Esposito received the sum of twenty-five thousand (25,000) dollars as an advanced payment from her insurance carrier, 15. Esposito refused to pay Buckley, as she had agreed, from this advanced payment. 16. To date. Espoisto has not paid Buckley any money Esposito had agreed to pay Buckley for holding the said classes and Esposito has not refunded the moneys collected from any student from whom she had collected money for classes and to whom Buckley provided classes, D - Damalles 17, Buckley, relying on the promises made by Esposito, secured class space, contacted students and hr.ld classes all of which she would not had done but for Esposito's promise to pay her in the amount of$3,758,OO. 18, Buckley has suffered damages in the amount of$3,758.00 plus interest from May 12, 1994, .. . WHEREFORE, Buckley prays that this Honorable Court enter a judgment in her favor and against Esposito for Esposito's breach of contract in the amount of$3,758.00 plus interest from May 12, 1994, together with costs of this suit COUNT TWO - BREACliOF CONTRACT (DESTROYED GOODS) Ihe Allreement 19. Paragraphs 1-18 above are herein incorporated by reference as though they were fully set forth herein, 20. Buckley had allowed Esposito the use of Buckley's quilts for display purposes, 21. Esposito had agreed to provide insurance coverage for the said quilts for theft, fire, damage or loss. 22. As a result of the building collapse Buckley's quilt entitled Sampler, which is also the cover quilt for Buckley's Book From Basics 10 Binding: A Complele Guide for Making Qui/IS (AQS Publishing, 1992), was destroyed, 23, After the collapse of the building Buckley worked with Esposito for numerous hours over the course ofthe week following the collapse and was promised that once Esposito received any advance money from her insurance company, Esposito would pay over to Buckley the sum ofSIOOO.OO, the value of the quilt. 24. On March 12, 1994, Esposito received an advance payment from her insurance carrier in the amount of twenty-five thousand (25,000) dollars, B - Breach of the Allreement 25. Esposito informed Buckley that she would not pay her for the destroyed quilt. 26. After repeated requests, Esposito has refused to pay Buckley, C - Damalles 27, Buckley has sulTered damages equal to $1000,00 plus interest from May 12, 1994, 4. Esposito was formerly the owner and operator of a fabric store and sewing center using the fictitious name Sew With Us. B. _The Contract 5. On January 21, 1994, the building in which the business Sew With Us, owned and operated by Esposito, collapsed and thereafter, Esposito did not reopen her busint:ss. 6. Prior to January 21, 1994, Esposito had contracted with Buckley to teach several classes relating to quilting at Esposito's business. 7. As a general rule, Esposito would collect money from the prospective students and after the class was conducted would pay Buckley an agreed fee which equalled the amount of money collected from the students less an amount equal to approximately five (5) percent. 8. After the building collapsed, Esposito informed Buckley that she had spent the money given to her by the students and would be unable to refund the thousands of dollars she was holding in escrow for the students' classes with Buckley. 9. Esposito promised that if Buckley could find alternate locations to hold the scheduled classes that Esposito as soon as she received advanced funds from her insurance carrier, that she would pay over to Buckley an amount equal to all the funds Esposito had collected from prospective students presently taking or scheduled to take Buckley's classes. 10. Buckley agreed to locate classroom space, to contact the students and to hold all her scheduled classes based on Esposito's promise to pay Buckley upon Esposito's receipt of her advanced payment from her insurance carrier. 11. Within a few days of the collapse of the building, Buckley contacted many locations and was able to secure a church, a school and a craft store, each with ample space for conducting classes. 12. Buckley contacted all the current or prospective students by telephone or by mail and advised each of the new location for his or her class. 13. Buckley held and conducted each scheduled class for which Esposito had collected money from students as follows: A. Baltimore Album Class - $1,620.00 B. Intermediate Quilting 350.00 C Flowering Heart Class 140.00 D. NFL Stars Class 432.00 E. Hunter's Star Class 216.00 F. Beginners Quilting 1,00000 Total Class Fees Collected $3,758.00 C. Breach of Contract 14. On or about May 12,1994, Esposito received the sum of twenty-five thousand (25,000) dollars as an advanced payment from her insurance carrier. 15. Esposito refused to pay Buckley, as she had agreed, from this advanced payment. 16. To date, Espoisto has not paid Buckley any money Esposito had agreed to pay Buckley for holding the said classes and Esposito has not refunded the moneys collected from any student from whom she had collected money for classes and to whom Buckley provided classes. D - Damages 17. Buckley, relying on the promises made by Esposito, secured class space, contacted students and held classes all of which she would not had done but for Esposito's promise to pay her in the amount of$3,758.00. 18. Buckley has suffered damages in the amount of$3,758.00 plus interest from May 12, 1994. WHEREFORE, Buckley prays that this Honorable Court enter a judgment in her favor and against Esposito for Esposito's breach of contract in the amount of$3,758.00 plus interest from May 12, 1994, together with costs of this suit COUNT TWO - RREACH OF CONTRACT (DESTROYED GOODS) The Allreement 19. Paragraphs 1-18 above are herein incorporated by reference as though they were fully set forth herein. 20. Buckley had allowed Esposito the use of Buckley's quilts for display purposes. 21. Esposito had agreed to provide insurance coverage for the said quilts for theft, fire, damage or loss. 22. As a result of the building collapse Buckley's quilt entitled Sampler, which is also the cover quilt for Buckley's Book From Basics 10 Binding: A Complele Guide/or Making QuillS (AQS Publishing, 1992), was destroyed. 23. After the collapse of the building Buckley worked with Esposito for numerous hours over the course of the week following the collapse and was promised that once Esposito received any advance money from her insurance company, Esposito would pay over to Buckley the sum of$1000.00, the value of the quilt. 24. On March 12, 1994, Esposito received an advance payment from her insurance carrier in the amount of twenty-five thousand (25,000) dollars. R - Breach of the Agreement 25. Esposito informed Buckley that she would not pay her for the destroyed quilt. 26. After repeated requests, Esposito has refused to pay Buckley. C - DamaGes 27. Buckley has suffered damages equal to $1000.00 plus interest from May 12, 1994. LJ"') en ,. . = "- tn .. ," (Y') I..... "" ::: -. -,