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Rose Walker Attorney Ross Cunningham quoted in Furniture Today article
Texas liquidator wins $1.2 million verdict against Broyhill
Jury says manufacturer breached verbal contract in 2007
 
June 9, 2011 7:00 am

Furniture Today:

DALLAS — Texas liquidator Southwest Furniture Brokers was awarded a $1.2 million verdict by a jury here in a case charging that supplier Broyhill Furniture Inds. breached a contract, according to the plaintiff's law firm.

The Dallas Country District Court jury found that Broyhill failed to comply with the terms of a 2007 verbal contract with the Tyler, Texas-based liquidator over a "$20 million Broyhill Manufacturer's Sale" conducted by the liquidator in Grapevine, Texas, Southwest's attorney said.

The Rose Walker law firm, which represented Southwest, said the liquidator was forced to close its retail operations in Tyler as part of the agreement with Broyhill and was promised a 10% commission on sales. Attorneys argued that Broyhill breached its agreement by failing to provide the amount of goods promised and by conducting a competing $20 million sale at retailers Big Lots and The Dump in the same market.

Rose Walker attorney Ross Cunningham quoted in Furniture Today article

....

"Furthermore, due to the failure of Broyhill and Lane to timely deliver the merchandise to the sale, Southwest shipped approximately $300,000 of its own inventory from its Tyler store in an attempt to start the sale as timely as possible," and was unable to recoup the entire cost of the inventory, the complaint said.

By the end of the sale, only $4 million in goods was sold and "Broyhill and Lavercombe only supplied a small percentage of the merchandise on the sales floor, much less than the 60% of the floor, which was promised," the complaint said.

"This is not the way you do business and I'm glad the jury saw it that way," Ross Cunningham, a Rose Walker partner, said in the release.

http://www.furnituretoday.com/article/539824-Texas_liquidator_wins_1_2_million_verdict_against_Broyhill.php

© 2011 Sandow Media LLC.


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