Herman v. Simard
Plaintiff Edward Herman supplied equipment and materials to George C. Foss Company (Foss), an electrical subcontractor, on three large construction projects. Although the general contractor reimbursed Foss for expenditures, Foss failed to fully reimburse Herman for the equipment and materials he supplied on the projects. Defendants Elwyn L. Simard, Tad Simard, Steve Simard, and Tony Velez (collectively defendants) were officers and shareholders of Foss. After Foss ceased doing business, Herman filed suit against Foss for breach of contract, and against Foss and defendants for conversion and violation of the Unfair Practices Act. After the court entered a default judgment against Foss, defendants moved for summary judgment. The trial court granted the motion and denied Hermans motion to amend his complaint. Herman appeals, arguing undisputed facts reveal defendants converted Hermans property and violated the Unfair Practices Act. Herman also challenges the trial courts denial of his motion to amend his complaint. Court affirm the judgment.
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