Glaz v Pepper Mold Inc., 2005 ABQB 857

| Alberta Court of King's Bench

This is an application by the Plaintiff for damages for breach of contract by the Defendants for the purchase of the Plaintiff’s restaurant. The Plaintiffs and Defendants entered into negotiations with respect to the purchase of the Plaintiff’s restaurant, Ruble’s Deli-Café Inc. Formal contractual documents were never completed, but there were a series of negotiations and offers. The Defendants took possession of the restaurant, and after four months, they vacated the premises. The Plaintiff took over possession of the premises again. The issues are related to who the parties to the contract are, the terms of the contract, and what damages the Plaintiff suffered as a result of the breach. The judge held that the parties to the contract were Ruble's and Pepper Mold Inc., and that the individual Plaintiff and Defendants were not parties to the contract. Furthermore, the judge sets out a list of decided terms of the agreement and concludes by assessing damages for the Plaintiff at $40,000.00.

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