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Manning Kass Victorious In Trial In Breach Of Contract Case

July 27, 2023

The Manning Kass team earned a victory for our client, Vaping360 GMBH, in a case arising out of a breach of contract for the use of our client’s website hyperlinks to promote and sell the defendant’s products.

Around December 2017, the parties entered into a written agreement for commission-based services, under which Vaping360 would receive a commission for the defendant’s products that were sold through their website. Despite Vaping360 fully performing under the agreement and the defendants receiving millions of dollars in referred business, the defendants failed to pay everything that was owed under the terms of the agreement. The defendants disputed that any agreement existed because the person who led the negotiations for defendant was not an employee and did not have the authority to enter into the agreement.

The Manning Kass team, led by Founding Partner Anthony J. Ellrod and Los Angeles Associate Kristina M. P. Ross in her first trial with the firm, argued that the contract was valid and binding because all of the defendant’s principals and founders were copied on the emails discussing the terms of the agreement, all agreed to enter into the agreement and to the terms, and the defendant accepted the benefit of the agreement. The Manning Kass team prevailed at trial on Vaping360’s breach of contract claim, obtaining a judgment in excess of $820,000 for their client.