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COA finds Yellow Book ad contract induced by fraud

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A heating and cooling company does not owe Yellow Book for a contract it tried to break after finding the publication didn’t change the terms of the contract as promised, the Indiana Court of Appeals held. But, the heating and cooling company is on the hook for two other contracts it had that it failed to fully pay.

Larry Stone’s company, Central Indiana Cooling and Heating, entered into three 12-month contracts with Yellow Book to advertise in certain directories for the years 2008 – 2010. Yellow Book sued in August 2011, claiming the company failed to pay for the advertising as provided by the contracts and his personal guarantee on two of the contracts.

The trial court found that Stone and his company were appropriately credited for payments he testified he made to Yellow Book which he claimed the company didn’t apply, and it ruled that he properly cancelled Contract 3. This contract Stone claimed he signed with the understanding that the terms of the contract were just a placeholder until he could sign a new, less expensive contract. But after no one contacted him with a new contract, he was unable to reach anyone at Yellow Book afterward to cancel the contract.

The trial court also denied attorney fees for Yellow Book.

In Yellowbook Inc. f/k/a Yellow Book Sales and Distribution Company, Inc. v. Central Indiana Cooling and Heating, Inc. and Lawrence E. Stone aka Larry Stone, 30A05-1311-CC-561, the Court of Appeals found that Stone, in fact, was credited for payments that he claimed were missing. Stone admitted at trial that all payments he had perceived as omitted from Yellow Book’s account statement had in fact been credited toward his unpaid balances. Thus, the trial court improperly concluded he was not indebted to Yellow Book under contracts 1 and 2.

There was no error in concluding that Contract 3 was properly cancelled. Yellow Book argued that evidence of the oral misrepresentations made by Yellow Book’s salesperson to Stone are not admissible due to an integration clause in Contract 3. But Stone can overcome this clause because he relied on misrepresentations by Yellow Book when he signed Contract 3 as a placeholder contract. He was supposed to have a smaller contract, but he never received one and his attempts to reach someone at the company were not answered.

The trial court remanded for calculation of pre-judgment interest on contracts 1 and 2 and a determination of attorney fees for work done on those contracts.

 

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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