Jury sides with plaintiff in breach of contract trial

Steve Gonzalez Nov. 20, 2008, 2:22am


A Madison County jury awarded Michael Reichert $12,965.14 after a three day breach of contract trial on Nov. 13.

Reichert filed suit against Gary Gaehle and Illinois Drill Team Association (IDTA) in March 2006, alleging Gaehle broke a joint venture agreement on Feb. 1, 2006, when he refused to pay his share of net profits from 13 IDTA events.

During trial, Reichert testified he and Gaehle entered into an oral contract for a joint venture named All Pro Custom Imprint Designs which was to contract with IDTA to sell event merchandise including T-shirts, sweat shirts, pants, shorts, sandals, teddy bears, and hair scrunchies at 31 regional, sectional or state level IDTA events.

He claims the net proceeds of the retail sales were to be equally split between them.

Mark Levy of Collinsville represented Reichert at trial.

Gaehle filed a counterclaim against Reichert alleging he has performed all of the requirements on his part pursuant to the oral contract but that Reichert breached contract when he abandoned his duties under the joint venture.

Gaehle, who was seeking a judgment of $25,000, alleged he was required to spend sums of money in order to pick up the slack from Reichert.

In the end, the jury sided with Reichert, but only awarded a portion of the damages he sought.

Madison County Circuit Judge Barbara Crowder found in favor of Reichert and against Gaehle on the counterclaim.

In addition to the parties of the case, three other witnesses gave testimony either in person or by depositions.

Patrolman Don Blanton of the O'Fallon Police Department testified that in his presence, Reichert stated that we would not honor the agreement with the IDTA.

Michelle Deets of Collinsville, secretary for IDTA, testified Reichert abandoned his agreements made with IDTA and that Gaehle was the one who met the requirements.

Brenda Harris of Chicago also gave similar testimony at the trial.

John Leskera of Collinsville represented Gaehle at trial.

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