DALLAS - A Dallas County jury has awarded more than $1 million after finding that Lenoir, N.C.-based Broyhill Furniture Industries Inc. failed to comply with the terms of a verbal contract it made with Tyler, Texas, furniture liquidator Southwest Furniture Brokers. The jury also found that a Broyhill vice president committed fraud and awarded $1,245,000, including attorneys' fees.
In 2007, Southwest Furniture agreed to conduct a $20 million Broyhill Manufacturer's Sale in Grapevine, Texas. In order to prepare for the six-month sale, Southwest was forced to close its operations in Tyler. As part of the agreement, Southwest was promised a 10 percent commission on sales.
Attorneys for Southwest Furniture argued that Broyhill breached the agreement by, among other things, failing to provide the amount of merchandise it promised to make available for the sale. Broyhill also conducted a competing $20 million sale at Big Lots.
"This is not the way you do business and I'm glad the jury saw it that way," says Rose•Walker partner Ross Cunningham, who along with firm partner Chris McDowell represented Southwest at trial. "In business, if you promise to do something, you have to do it."
The verdict follows a two-week trial in Judge Carlos Cortez's 44th District Court.
"A deal is a deal," Mr. McDowell says. "If you're looking for a lesson in this verdict, that's it."
Rose•Walker, L.L.P. is a premier trial law firm, focusing on complex civil litigation. The firm represents businesses and individuals, and its many major courtroom victories have helped Rose•Walker earn a national reputation for excellence. More information about the firm is available at www.rosewalker.com.
Source: Androvett Legal Media & Marketing/ Rose•Walker
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