Global Guru Tech, LLC v. Progressive Transport, LLC et al

Case Background

The Breach of Contract lawsuit was filed on November 16, 2022, by Plaintiff Global Guru Tech, LLC in the Texas State, Fort Bend County (Case number: 22-CCV-071921). The case was presided over by Judge Dean Hrbacek.

Cause

Global GuruT ech, LLC, a Wyoming-based company conducting business in Arizona, specialized in selling cell phones and electronic devices. Progressive Transport, LLC, a Texas-based company, focused on importing goods from the United States to Nigeria. On February 4, 2022, GlobalGuruTech sold two iPhones directly to Progressive Transport for $1,900. Progressive Transport received the phones but failed to pay the agreed amount.

On March 31, 2022, a Nigerian company called Emmax Gadgets Hub purchased 10 cell phones from Global Guru Tech for $10,450. Progressive Transport entered into an agreement with Global Guru Tech to handle the shipment of these phones to Nigeria. The terms of this agreement stipulated that Progressive Transport would deliver the phones to Emmax Gadgets Hub, collect payment in Nigerian naira, and then pay Global Guru Tech $10,450 in US dollars.

Progressive Transport successfully delivered the phones and collected the full payment from Emmax Gadgets Hub. However, they failed to fulfill their obligation to pay GlobalGuruTech the agreed $10,450.

At this point, Progressive Transport owed GlobalGuruTech a total of $12,350. This included $1,900 for the direct sale and $10,450 for the Emmax Gadgets Hub transaction. On April 11, 2022, Progressive Transport made a partial payment of $3,000 to GlobalGuruTech. They made another partial payment of $2,900 on August 30, 2022. Despite these payments and repeated assurances from Progressive Transport that they would pay the remaining balance, $6,450 remained unpaid.

Injuries

Global Guru Tech suffered significant financial injury due to Progressive Transport’s failure to pay the full amount owed for the cell phones. This breach of agreement disrupted Global Guru Tech’s normal business operations and cash flow. The company had fulfilled its obligations by providing the products as agreed, but did not receive full compensation for its goods and services. This non-payment situation damaged Global Guru Tech’s business by tying up inventory costs. It potentially affected its ability to fulfill other orders or invest in business growth.

Damages

Global Guru Tech sought liquidated damages of $6,450, which represented the remaining unpaid balance owed by Progressive Transport. This amount fell within the jurisdictional limits of the court, which was set at monetary relief of $250,000 or less. In addition to the principal amount owed, GlobalGuruTech also sought to recover reasonable and necessary attorney’s fees under Texas Civil Practice & Remedies Code section 38.001(8). The company also claimed entitlement to all court costs, pre-judgment and post-judgment interest at the maximum rate allowed by law, and any other damages in law and equity allowed in the Breach of Contract case.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Global Guru Tech, LLC
    • Counsel for Plaintiff:  Wyatt J Holtsclaw| Christopher B. Heald | Grace An

 

  • Defendant(s):Cargoextra Global Logistics, LLC | Progressive Transport, LLC | Oluwase Sonlomon
    • Counsel for Defendants: Sope Lawson

Claims

Global Guru Tech filed three main claims against Progressive Transport:

  1. Breach of Contract: Global Guru Tech alleged that Progressive Transport violated two separate oral agreements. The first breach occurred when Progressive Transport failed to pay $1,900 for the two iPhones purchased directly on February 4, 2022. The second breach related to the March 31, 2022 agreement. Here, Progressive Transport failed to pay the $10,450 owed after delivering the phones to Emmax Gadgets Hub and collecting payment.
  2. Quantum Meruit: As an alternative claim, Global Guru Tech argued that Progressive Transport accepted and benefited from the cell phones provided without rendering full payment. They asserted that Progressive Transport knew or should have known that compensation was expected when they accepted the goods.
  3. Promissory Estoppel: Plaintiff claimed that Progressive Transport made clear promises to pay for the goods, and that Global Guru Tech reasonably relied on these promises to its detriment. The company argued that injustice could only be avoided by enforcing Progressive Transport’s promises and requiring payment of the remaining $6,450.

Defense

Progressive Transport LLC filed its original answer to Global Guru Tech LLC’s lawsuit, presenting a strong defense against the claims. The defendant issued a general denial, rejecting all allegations made in the plaintiff’s original petition. They demanded strict proof of these claims as required by Texas Rules of Civil Procedure.

The defendant raised two affirmative defenses: lack of privity and wrongful party. Progressive Transport asserted that it was incorrectly named in the lawsuit, claiming there was no contractual relationship between itself and Global Guru Tech. The company firmly denied making any offer to purchase goods from the plaintiff or accepting any such offer. Furthermore, Progressive Transport vehemently rejected the notion that it had entered into any agreement to buy merchandise from Global Guru Tech.

In its defense, Progressive Transport emphasized that it never negotiated, signed, or entered into any contract of sale with the plaintiff. The company insisted that it had not purchased, attempted to purchase, or taken delivery of any items from GlobalGuruTech. Through this comprehensive denial, Progressive Transport sought to completely distance itself from the transactions described in the plaintiff’s petition. They effectively challenged the very basis of GlobalGuruTech’s claims against them.

Jury Verdict

On April 19, 2024, the jury found that the plaintiff was entitled to recover $2,100 in actual and economic damages. Additionally, the plaintiff was awarded prejudgment interest on these damages, calculated at a rate of 6.0% per annum from November 16, 2022. This prejudgment interest amounted to $179.51. The total judgment against Progressive Transport for breach of contract was $2,279.51.

 Court Documents:

Available Upon Request