Ferreira

Ferreira v. Quik Stop Markets, Inc.

Caution
141 Cal. App. 3d 1023·190 Cal. Rptr. 778·1983 Cal. App. LEXIS 1603
Court of Appeal of CaliforniaApril 19, 1983Civ. 49817California3,994 words

Opinion

Opinion

Breiner, J.

In February 1974, plaintiffs Robert and Kristen Ferreira, husband and wife, purchased a franchise to operate a Quik Stop Market, a con venience grocery and gasoline store. In October 1975, they brought suit against Quik Stop Markets, Inc., the franchisor, seeking damages under several theories: intentional and negligent misrepresentation, breach of the franchise agreement and violation of the Franchise Investment Law. Quik Stop, in turn, cross-complained against the plaintiffs for breach of the franchise agreement. At the conclusion of a lengthy trial, the jury found that defendants had committed no fraud, but awarded plaintiffs $10,000 for breach of contract. The jury further found in favor of Quik Stop on the cross-complaint and awarded Quik Stop $15,616. Judgment was entered in favor of Quik Stop for $5,616.

Facts

In 1973, plaintiff Robert Ferreira owned and operated two sporting goods businesses—one in Oakland. He was in the process of selling his partnership interest in the Oakland store. In December 1973, plaintiff learned that a Quik Stop Market on Grand Avenue—just blocks away from his store—was for sale and entered into discussions with the market’s owner, Ken…

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