Posted by Gary Burger on December 17, 2015
Gary Burger recently tried a case for a local dive shop in a breach of contract action. It was fun to cross examine the plaintiff and point out the numerous inconsistencies in his story. We were successful in representing that business.
Gary represented New Beginnings C Star, Inc. in a complicated case that was tried and won in the City of St. Louis.
New Beginnings had leased a building in North St. Louis. The Alderman for that ward did not want our client at that location and he used his considerable political muscle to prevent New Beginnings from moving in. He had the City of St. Louis cancel and take back the occupancy permit that had been provided to New Beginnings. We filed and won a lawsuit ordering the City of St. Louis to issue the occupancy permit. The City did issue one. But then the Alderman made another call and the City retracted the occupancy permit again. The court held the City in contempt, and the City issued the occupancy permit, again. A person with authority from the State of Missouri called New Beginnings and told them that they were not allowed to move into the new building, and if they did, all their contracts with the State of Missouri would be cut off. We won at trial because the lease was impossible to fulfill. At trial, Gary called Michael Couty to the stand. Despite his denials, the witness told him this was Paula Carter’s phone number and asked for an explanation. We lost on appeal on the legal issue of whether interference by a third party can make contract compliance impossible.