Legal Question in Business Law in California

Payphone contract is breached what are my rights

I am in the pay phone business. I have a pay phone contract at a resturant .The resturant is a free standing building the only one address at the property My pay phone is located inside the resturant The contract is exclusive and runs for 10 yrs.One year has past with the owner cashing his commission checks. week I went to the resturant and found another company had installed a pay phone out side the front door of the resturant and torn my pay phone off the wall l wall.My phone was left in the back room.There was no attempt to contact me by anyone.I contacted the other payphone compay and he told me that there were new owners at the resturant and they had signed a contract with him and that the resturant owner had given him permission to take my phone out and install his in the front of the resturant. I got a copy of the business license for the resturant and found the person that signed my contract still ownes the resturant.What are my rights ? I make about $85.00 a month on that with 9 yrs on a contract left. Can I sue the owner ? Can I sue the person who ripped my phone off the wall and installed his?


Asked on 5/01/98, 11:28 am

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Yes you can sue him.

Yes you can sue him. Sounds like a breach to me.

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Answered on 5/20/98, 5:56 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Pay phone contract

You can sue the restaurant owner for breach of contract and, depending on exactly what happened when the new phone company came in, you may also be able to recover against them for inducing the breach.

Feel free to contact me directly if you wish to discuss this matter further.

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Answered on 5/26/98, 1:25 pm


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