Legal Question in Civil Litigation in Arkansas
Contract Breached, may I now sue indivduals as originally planed ?
i settled a complaint in jan 02, they breached the contract months ago. I've filed a breach of contract complaint and for some reason my attorney does not want to ask for a recession but fulfillment of the contract or specific preformance I believe he said. I really did't care about suing this corporation to begin with, I wanted to sue the individuals involved personally. now that the contract has been breached can I pursue these original people through a legal action. My complaint has also been dismissed at this time so I cannot fall back on it. It seems that I'm stuck in some kind of legal muck and I'm not getting anywhere. what options do i have.
thank you
2 Answers from Attorneys
Re: Contract Breached, may I now sue indivduals as originally planed ?
Instead of dismissing the original action you should have entered into a stipulation and could have kept the Complaint alive..in event of further breach of the settlement agreement. Yes,...you can sue them for breach if the settlement agreement. why not?
Re: Contract Breached, may I now sue indivduals as originally planed ?
Normally, you can only file one action on the same set of facts. Even if the case was dismissed, it may have been subject to a stipulated judgment that needs now to be enforced. If you fax me the settlement agreement (if one exists) or any other documentation that you want me to review, I will provide you with free consultation. 714 363 0229.