In Indictment V, Cord Ryder accuses Cord Ryder of violating its agreements with Cord by not allowing the intervention of OVL equipment without penalty on July 1, 2002 and by refusing to authorize the intervention of Show Me Equipment due to a significant commercial slowdown. To deal with a means of infringement, Cord must justify: 1) the existence of an enforceable contract, 2) reciprocal obligations arising from the contractual terms, 3) Ryder did not perform and 4) damages resulting directly from the breach. See Rice v. West End Motors Co., 905 S.W.2d 541, 542 (Mo.Ct.App. 1995). The court will deal separately with the violation of OVL equipment and the violation of Show Me Equipment and conclude that clarifications of the contract will be interpreted against the author. Behold, Triarch Indus. Inc., v. Crabtree, 158 S.W.3d 772, 776 (Mo. bench 2005).
With respect to the right to a breach of contract under Show Me Equipment, there is substantial evidence of Cord`s allegation that Ryder violated its agreement by refusing the intervention of Show Me Equipment on March 24, 2004 following a significant commercial downturn. Ryder does not define what represents a significant economic downturn and does not have internal documents that would define a significant economic downturn. Cord presented significant evidence of a significant decline in activity related to its decline in Triad Manufacturing revenues of more than $1 million (a decrease of more than 50%) From 2001 to 2003. Cord informed Ryder that he intended to light the Me Equipment show, and Ryder refused to accept the notification under the invented premise that Cord was late. Ryder never required Cord to confirm a significant slowdown in its business, nor to pay a termination fee. Ryder`s refusal to allow Cord on March 24, 2004 to participate in Show Me Equipment was a breach of contract. There is strong evidence of Cord`s assertion that he lost profits directly and directly as a result of Ryder`s breach. In addition, the essential evidence supports the finding that Cord was damaged as a result of Ryder`s breach of contract in relation to the show me equipment amounting to $17,280.09. With a variety of used tractors, trucks, vans and trailers for sale – we can help you build a first-class, reliable fleet without breaking your budget.
3 Fair wear and tear is defined in the Fair Wear and Tear Standard (for drivers of rented, rented and leased light commercial vehicles) or in the Fair Wear and Tear Guidelines (if any) of the British Vehicle, RENTAL and Leasing Association () of which a copy has been made available to you.