– Breach of Contract – Plaintiff alleged that defendant breached the parties' agreement for various entertainment equipment at bar.

Fairfield County, CT

In this breach of contract matter, the plaintiff alleged that the defendant breached its agreement with the plaintiff for the placement of various entertainment equipment at the defendant’s bar. The defendant denied any breach of contract, and maintained that it never signed a written agreement and that the equipment did not work properly, and therefore, the plaintiff was in breach of the agreement and not entitled to any monies.

The plaintiff is the supplier of various entertainment and vending equipment. The plaintiff alleged that it entered into an agreement with the defendant bar where the plaintiff provided a jukebox, ATM machine, cigarette, and video game machines. The plaintiff contended that the parties agreed to split the revenues from the equipment, however, the defendant breached the agreement when it failed to use the machines and demanded that the plaintiff remove them. The plaintiff brought suit against the defendant alleging breach of contract and seeking damages equal to 40% of the gross venue for the remaining months on the contract plus fees and costs.

The defendant denied the allegations and argued that there was never a written agreement between the parties. Rather, there was a verbal agreement that was to be reduced to writing, which never happened. The defendant maintained that the equipment never functioned properly, and the plaintiff failed to keep its end of the agreement, and was therefore, not entitled to any damages.The matter proceeded to a bench trial. At the conclusion, the court determined that no written agreement existed, and therefore, judgment was entered in favor of the defendant.