S & G PRESS, INC. v. Harris Graphics Corp.

Good Law
718 F. Supp. 1459·1989 WL 106038·1989 U.S. Dist. LEXIS 10879
United States District Court, Northern District of CaliforniaSeptember 14, 1989C-89-2768 SAWCalifornia708 words

Opinion

Opinion

Weigel, J.

MEMORANDUM AND ORDER

This case involves a contract dispute over the purchase of a printing press. Plaintiff Haljak Leasing Co. bought the press from defendant Harris Graphics Corp., and then leased the press to plaintiff/counter-defendant S & G Press, Inc. Defendant/counter-claimant U.S. Concord, Inc. financed Hal-jak’s purchase of the press upon a guarantee by plaintiffs/counterdefendants S & G Press, Inc., Harold A. Small, Muriel T. Small, Jack Gautreaux, and Michele Gau-treaux of the note and security agreement between U.S. Concord and Haljak.

Plaintiffs allege that the press was never able to perform at a commercially acceptable level, resulting in the loss of a major client and other damages. Plaintiffs further allege that U.S. Concord conspired with Harris Graphics not to disclose to plaintiffs at the time the purchase was made that other purchasers of similar presses from Harris were experiencing difficulties.

Apparently, Haljak has defaulted on the note and security agreement with U.S. Concord, and plaintiffs/counterdefendants refuse to pay their guaranties. U.S. Concord now applies for a right to attach order and order for issuance of writ of attachment against the…

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