Callis to hold pre-trial Wedneday in Ponderosa breach of contract suit

Amelia Flood Feb. 22, 2011, 10:31am


Madison County Chief Judge Ann Callis is set to preside over a pre-trial conference Wednesday in a breach of contract suit over fees allegedly owed to the owners of a Ponderosa steak house franchise in Litchfield.

The pre-trial in the suit brought by plaintiffs Budget Steakhouse Partners and St. Louis DMA Ponderosa Advertising Co-Op is set to begin at 9 a.m.

The plaintiffs are suing Pol, Inc., Dennis Price and Darrell Gilomen for damages in excess of $100,000.

The plaintiffs contend that the defendants failed to pay more than $185,000 in fees that were agreed to and that after a notice of default and termination on the franchise was sent, the defendants did not "decharacterize" the restaurant or take down implements that would be associated with the Ponderosa brand.

The defendants deny the claims.

The pre-trial conference is set for 9 a.m.

The suit's trial is scheduled next month.

Edward McCarthy represents the plaintiffs.

Pol, Inc. is represented by Donald Samson.

Price represents himself.

No attorney is listed as representing Gilomen.

The case was previously part of the docket overseen by former Madison County Circuit Judge Daniel Stack.

The case is Madison case number 07-L-789.

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