Marvin Brincks v. Cletus Brincks, Inc.
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| Case Name: | Marvin Brincks v. Cletus Brincks, Inc. |
| Case Number: | LACV015705 |
| Date of Trial: | 08/21/2023 |  | Venue: | Mitchell County |
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| Casetype/Claims: | Contract - Fraud Misrepresentation |
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| Judge: | Rustin Davenport |
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| Plaintiff's Counsel: | pro se | | Defendant's Counsel: | Aaron W. Ahrendsen |
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| Verdict: | For defendant |
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| Demand Before Trial: | |
| Offer Before Trial: | |
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Statement of Case:
Per the Court’s 16 page Supplemental Order Following Jury Trial: The circumstances of the Court proceeding to submit this case to the jury were unusual, and the Court finds that further explanation is appropriate.” That said, Marvin Brincks (Plaintiff) and Cletus Brincks (Defendant) were brothers. Cletus Brincks was the sole shareholder of Cletus Brincks, Inc. Cletus Brincks, Inc., owned 216 acres in Mitchell County. Marvin Brincks brought a breach of contract claim against Cletus Brincks, Inc., alleging that Cletus Brincks, Inc., breached an October 3, 2015, contract signed by Cletus Brincks on behalf of Cletus Brincks, Inc. This contract was admitted into evidence as Exhibit 1. This document promises to leave to Marvin Brincks the 216 acres in Mitchell County in the event that Cletus Brincks dies before Marvin Brincks. In addition to this breach of contract action, Defendant and Intervenors brought counterclaims against Marvin Brincks and claims against other persons. The Court bifurcated the plaintiff’s claim from the claims of counterclaim plaintiffs and third-party plaintiffs. Plaintiff failed to appear for the last day of trial and the Court submitted it to the jury. The jury returned a defense verdict. |
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| Injuries alleged: | |
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| Official Jury Verdict Form: |
 Brincks - Verdict Form.pdf |
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Documents of interest:
(when available) |  Brincks - Supp. Order.pdf Brincks - Jury Instructions.pdf |
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