- 19 - Additionally, they have agreed that they will also be compensated for the loss of Evergreen Typing Service profits as a result of the breach of contract in [sic] case giving rise to the Farmers litigation engaged in by the corporation. They will be deferring those profit dollars, however, until such time as the litiga- tion has been successful. The Diamonds have also agreed that they will not bring a separate lawsuit against the corporation (DCI) for any breach of con- tract that the corporation would have been responsible for to Evergreen Typing Service. A letter on DCI's stationery that was signed by Mr. Diamond, addressed to the Diamonds and to ETS, and dated December 12, 1984 (December 12, 1984 letter) also made reference to the Farmers lawsuit and stated in pertinent part: This will confirm the corporation's agreement to extend any and all expenses with regard to the litigation engaged in by ourselves as against Farmers Insurance. Since this litigation is to our mutual benefit, there is no need to reiterate its content as we are all parties. However [sic] the purpose of this letter is to affirm that all litigation expenses, attorneys [sic] fees, trial costs, etc., will be paid for by the corpo- ration in exchange for your continued support services throughout the litigation and your refraining from bringing any separate [sic] litigation against the corporation for any liabilities owed to Evergreen Typing Service or yourselves, individually. This will also aknowledge [sic] that our arrangement indicated above will have no effect on your company's recovery at time of settlement or judgement as against Farmers Insurance, et al. Nor will the litigation expenses extended by DCI have any offsetting effect as against any judgement due Evergreen Typing Service or yourselves individually as proprietors. The minutes of a meeting of DCI, dated December 30, 1984 (December 30, 1984 minutes) and signed by the Diamonds in their capacity as shareholders of DCI, also made reference to the Farmers lawsuit and to certain rental payments that DCI owed thePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011