alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[No. 35294.

Department One.

June 16, 1960.]

#### Hydraulic Supply Manufacturing Company, *Respondent,*v. August P. Mardesich *et al., Appellants.**1*

*Kennett, Evans & Stafford*and *Vaughn E. Evans,*for appellants.

*Skeel, McKelvy, Henke, Evenson & Uhlmann*and *Paul W. Steere,*for respondent.

1

Reported in 352 P. (2d) 1023.

Per Curiam.

In this proceeding, the Hydraulic Supply Manufacturing Company (hereinafter referred to as the company) sought to recover from the owners of the motor vessel “North Star” (hereinafter referred to as the owners) payment for repairs the company made on the “North Star” in the spring of 1956.

The owners’ answer denied the reasonableness of the 1956 charge, and affirmatively pleaded damages they suffered as a result of alleged improper workmanship in the company’s repair of the “North Star” in the spring of 1955. By “counterclaim,” the owners sought judgment against the company for damages for the same alleged improper workmanship.

The cause was tried to the court. The evidence was conflicting. Findings of fact, conclusions of law, and judgment *105were entered. The company was granted the relief it prayed for, and the “counterclaim” of the owners was dismissed with prejudice. The owners appeal.

The record discloses, *inter alia,*that on May 20, 1955, the owners contracted with the company to retube two absorbers and three condensers, which were a part of the refrigerating system of the vessel. The repair contract provided, *inter alia:*

> *“. .*. It is also understood that you [owners] will replace all piping necessary for our [company] men to test the units after we complete the retubing.”

The owners’ contention at the trial and on appeal is that the evidence established that the company did not properly test its repair work after the retubing had been completed, and that its failure to do so caused the consequential damages sought.

The trial court found that the vessel left port before the refrigerator plant had been reassembled by the owners, thus preventing the company from completing the testing of its work.

One party to a contract who prevents another from performing his promise has no cause of action to recover for the nonperformance of that promise. *Wolk v. Bonthius,*13 Wn. (2d) 217, 124 P. (2d) 553 (1942), and cases cited.

Sixteen of the assignments of error relate to the court’s findings of fact. The record supports the trial court’s factual determinations and, therefore, we will not disturb them. *Udhus v. Peglovo,*55 Wn. (2d) 846, 350 P. (2d) 640 (1960); *Stewart v. Smith,*55 Wn. (2d) 563, 348 P. (2d) 970 (1960).

The remaining assignments of error are directed to the court’s oral rulings and to its failure to grant a new trial. The basis for these assignments failed when the court’s factual findings were sustained, and we, therefore, find no merit in them.

The judgment is affirmed.

March 29, 1961. Petition for rehearing denied.
<PAGE>   1
                                                                      EXHIBIT 12


                             CMS ENERGY CORPORATION
                       Ratio of Earnings to Fixed Charges
                              (Millions of Dollars)

<TABLE>
<CAPTION>

                                                                                         Years Ended December 31 -
                                                                1999        1998      1997       1996       1995
                                                              ----------------------------------------------------
<S>                                                         <C>        <C>         <C>        <C>        <C>
                                                                             (b)
Earnings as defined (a)
Consolidated net income                                       $ 277       $ 242      $ 244      $ 224      $ 195
Income taxes                                                     64         100        108        137        113
Exclude equity basis subsidiaries                               (84)        (92)       (80)       (85)       (57)
Fixed charges as defined, adjusted to
  exclude capitalized interest of $41, $28, $13,
  $5, and $4 million for the
  years ended December 31, 1999, 1998, 1997, 1996
  and 1995, respectively                                        588         395        360        313        299
                                                              --------------------------------------------------
Earnings as defined                                           $ 845       $ 645      $ 632      $ 589      $ 550
                                                              ==================================================

Fixed charges as defined (a)
Interest on long-term debt                                    $ 502       $ 319      $ 273      $ 230      $ 224
Estimated interest portion of lease rental                        7           8          8         10          9
Other interest charges                                           57          48         49         43         42
Preferred securities dividends and
   Distributions                                                 96          77         67         54         42
                                                              --------------------------------------------------

Fixed charges as defined                                      $ 662       $ 452      $ 397      $ 337      $ 317
                                                              ==================================================

Ratio of earnings to fixed charges                             1.28        1.43       1.59       1.75       1.74
                                                              ==================================================
</TABLE>


NOTES:
(a) Earnings and fixed charges as defined in instructions for Item 503 of
Regulation S-K.

(b) Excludes a cumulative effect of change in accounting after-tax gain of $43
million.
WILLIAM SHEPARD

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 16

- 2202

_____________________________/

Opinion filed December 6, 2016.

An appeal from the Circuit Court for Taylor County

. Gregory S. Parker , Judge

.

Nancy A. Daniels, Public Defender, Archie F. Gardner, Jr., Assi s tant Public

Defender

, Tallahassee, for Appellant.

No appearance for Appellee.

PER CURIAM.

AFFIRMED.

ROBERTS, C.J., JAY and WINSOR, JJ., CONCUR.
ableenergy_10q-ex1026.htm


     

    Exhibit
10.26

    
 

    ACCOUNT
PURCHASE AGREEMENT MODIFICATION

     

    IT IS
AGREED, for Ten dollars and no/100 ($10.00) and other valuable consideration, by and
between Crown Financial, LLC, ("Crown") and All American Plazas ("All American"),
that that certain Account Purchase Agreement dated January 8, 2007, between
Crown and All American, (the "AP Agreement"), be, and the same is, hereby
modified and amended as follows:

    


    2.  Definitions.

    
      
        	
                        h.  

              	
                "Eligible Accounts"
      shall be the portions of Accounts with an aging that is less than
      90 days that Crown does
      not reasonably deem to be doubtful of collection, effective July 1,
      2007.

              


      

    

    


    6.  Fees and
Expenses

    
      
        	
                        b.  

              	
                All
      American shah pay to Crown on the 15th and
      the 30th
      of each month that this Agreement is in effect, a fee equal to 1.375% of the
      Outstanding Advance
      for the preceding period, effective. July 1,
      2007.

              


      

    

     

    IT IS
FURTHER UNDERSTOOD AND AGREED, that the AP Agreement, as modified by this
Agreement between the parties, shall be and hereby is in
all other respects ratified, approved and confirmed.

     

    IN
WITNESS WHEREOF, the parties have hereunto set their hands this 29th day of
June, 2007.

     

     

    
      
        	
                CROWN
      FINANCIAL, L.L.C. 

                as
      "Crown" 

              	
                ALL
      AMERICAN PLAZAS, INC. 

                as "All
      American" 

              
	 	 
	By:  /s/ Richard D.
      Tribe                                    
      	By:  /s/
      Richard Mitstifer                                        
	Richard D. Tribe,
      Manager     	Richard Mitstifer,
      President
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-15-00623-CV

IN THE ESTATE OF Marjorie A. CHILDS, Deceased

From the Probate Court No. 2, Bexar County, Texas

Trial Court No. 2014-PC-0056

Honorable Tom Rickhoff, Judge Presiding

BEFORE JUSTICE ANGELINI, JUSTICE MARTINEZ, AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, the trial court’s judgment is 

REVERSED and the case is REMANDED for further proceedings. Costs of this appeal are taxed 

against appellee Mollie Childs. 

SIGNED April 20, 2016.

_____________________________

Luz Elena D. Chapa, Justice
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-28-1997
<PERIOD-END>                               SEP-28-1997
<CASH>                                           3,057
<SECURITIES>                                         0
<RECEIVABLES>                                  148,924
<ALLOWANCES>                                  (43,976)
<INVENTORY>                                    116,745
<CURRENT-ASSETS>                               274,154
<PP&E>                                          68,950
<DEPRECIATION>                                (34,071)
<TOTAL-ASSETS>                                 335,074
<CURRENT-LIABILITIES>                           84,081
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           216
<OTHER-SE>                                     190,683
<TOTAL-LIABILITY-AND-EQUITY>                   335,074
<SALES>                                        484,691
<TOTAL-REVENUES>                               484,691
<CGS>                                          360,241
<TOTAL-COSTS>                                  360,241
<OTHER-EXPENSES>                               148,324
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (1,470)
<INCOME-PRETAX>                               (23,986)
<INCOME-TAX>                                  (11,034)
<INCOME-CONTINUING>                           (12,952)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (12,952)
<EPS-PRIMARY>                                   (0.60)
<EPS-DILUTED>                                   (0.60)
        

</TABLE>
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

VICTOR DAVID CARRASQUILLO,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 201 MM 2018

ORDER

PER CURIAM

AND NOW , this 14th day of February , 2019, the Petition for Leave to File Petition

for Allowance of Appeal Nunc Pro Tunc is DENIED.
FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D23-794

LT Case No. 2021-CF-001464

_____________________________

DERRICK DUVAL HUNTER,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for St. Johns County.

R. Lee Smith, Judge.

Matthew J. Metz, Public Defender, and Darnelle Paige Lawshe, 

Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Pamela J. 

Koller, Assistant Attorney General, Daytona Beach, for Appellee.

November 28, 2023

PER CURIAM.

AFFIRMED.

LAMBERT, JAY, and HARRIS, JJ., concur.
2

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
<PAGE>

EXHIBIT 99.2



Certification of Principal Financial Officer
Pursuant to 18 U.S.C. 1350 (Section 906 of the Sarbanes-Oxley Act of 2002)


I, Michael A. Ernst, Chief Financial Officer, of Prentiss Properties Trust (the
"Registrant"), do hereby certify, pursuant to 18 U.S.C. Section 1350 as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of
my knowledge, based upon a review of the Quarterly Report on Form 10-Q for the
period ended March 31, 2003 of the Registrant, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"):

         (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. Section
78m(a) or Section78o(d)); and

         (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Registrant.


/s/ Michael A. Ernst
-----------------------------
  Michael A. Ernst
  Chief Financial Officer
  May 12, 2003



STATE OF TEXASss.
COUNTY OF DALLASss.

Subscribed and sworn to before me this 14th day of November, 2002.

/s/ Lana Mann
-----------------------------
Lana Mann
May 12, 2003

                                       Notary Public
                                       My Commission Expires: 5/26/2005
                                       Official Seal
[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Notices]
[Pages 76628-76629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31124]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER00-3760-000]


Southern Company Energy Marketing L.P., et al.; Notice of 
Issuance of Order

December 1, 2000.
    Southern Company Energy Marketing L.P., et al. (SCEM) submitted for 
filing a rate schedule under which SCEM will engage in wholesale 
electric power and energy transactions at market-based rates. SCEM also 
requested waiver of various Commission regulations. In particular, SCEM 
requested that the Commission grant blanket approval under 18 CFR part 
34 of all future issuances of securities and assumptions of liability 
by SCEM.
    On November 21, 2000, pursuant to delegated authority, the 
Director, Division of Corporate Applications, Office of Markets, 
Tariffs and Rates, granted requests for blanket approval under part 34, 
subject to the following:
    Within thirty days of the date of the order, any person desiring to 
be heard or to protest the blanket approval of issuances of securities 
or assumptions of liability by SCEM should file a motion to intervene 
or protest with the Federal Energy Regulatory Commission, 888 First 
Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 
of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 
385.214).
    Absent a request for hearing within this period, SCEM is authorized 
to issue

[[Page 76629]]

securities and assume obligations or liabilities as a guarantor, 
indorser, surety, or otherwise in respect of any security of another 
person; provided that such issuance or assumption is for some lawful 
object within the corporate purposes of the applicant, and compatible 
with the public interest, and is reasonably necessary or appropriate 
for such purposes.
    The Commission reserves the right to require a further showing that 
neither public nor private interests will be adversely affected by 
continued approval of SCEM's issuances of securities or assumptions of 
liability.
    Notice is hereby given that the deadline for filing motions to 
intervene or protests, as set forth above, is December 21, 2000.
    Copies of the full text of the Order are available from the 
Commission's Public Reference Branch, 888 First Street, NE., 
Washington, DC 20426. The Order may also be viewed on the Internet at 
http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for 
assistance).

David P. Boergers,
Secretary.
[FR Doc. 00-31124 Filed 12-6-00; 8:45 am]
BILLING CODE 6717-01-M
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-2100

EMMETT JOHNSON JAFARI, Plaintiff - Appellant, versus CITY OF RICHMOND, Municipal Corporation, Authorized Agents and Representatives Thereof, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CA-97-830) Submitted: October 20, 1998 Decided: November 13, 1998 Before NIEMEYER and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion.Emmett Johnson Jafari, Appellant Pro Se. Beverly Agee Burton, Assistant City Attorney, Keith Allen May, CITY ATTORNEY’S OFFICE, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant Emmett Jafari appeals the district court’s order granting summary judgment to the City of Richmond and denying his own motion for summary judgment in his civil action against theCity of Richmond concerning the City’s termination of his employment as a security manager. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Jafari v. City of Richmond , No. CA-97-830 (E.D. Va. June 24, 1998). We dispense withoral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
EXHIBIT 10.2


CREDIT LINE AGREEMENT


          This
Credit Line Agreement is entered into between Omega Financial, Inc., hereafter,
“Lender” and Charter Corporate Services, Inc., hereafter, “borrower” and is as
follows.


1.       Purpose.
The purpose of this agreement is to provide a credit line that may be drawn on
by borrower for its financial needs for the term of this agreement. Lender is
willing to extend credit pursuant to the terms of this agreement. 


2.       Amount
of Line. Lender agrees to provide credit up to the amount of Thirty Thousand
Dollars ($30,000) for the term of this agreement. Said credit shall be provided
by direct payment of expenses, cash advances, guarantees of borrowings or any
combination of said methods. Credit shall be provided within 24 hours of the
same being requested by the borrower. 


3.       Terms
of Repayment. All amounts advanced or guaranteed under the agreement shall bear
interest at the rate of four percent (4%) per annum from the date paid or
advanced to the date or repayment or end of this agreement whichever comes
first. Interest shall be accrued. Borrower may pay all or a portion of the
borrowed amounts, from time to time, in its discretion. Payments shall first be
applied towards any accrued interest and then principal. All amounts that have
been paid or guaranteed are due on a date that is 24 months from the date of
signing of this agreement. At that time all sums that remain unpaid will be due
including any accrued interest. If any sums due are not paid within 10 days
after a date that is 24 months from the date of signing this agreement and the
borrower will be in default as a result of the non-payment. 


4.
       Entire Agreement. The parties warrant
and acknowledge that they have read and understand the terms of this agreement.
The parties have had an opportunity to consult with their own independent legal
advisors concerning the agreement. Neither party has relied on the other party
for any representation or legal advice concerning this agreement. This
agreement represents the entire agreement and there are no oral understandings
or other side agreements that vary the terms of the agreement. The parties
warrant that they have received the necessary corporate approvals to enter into
this agreement and proceed therewith.


5.
       Amendment. This agreement may only be
changed by a writing signed by both parties. If any litigation arises over this
agreement the losing party agrees to pay the prevailing party his costs and
attorney fees in a reasonable amount. This agreement shall be construed
according to California law. Venue for any action regarding this agreement
shall in be Los Angeles County, California. 


Dated: August 16, 2008


	
 

	
 

	
 

	
 

	
 

	
 


	
 

	
/s/ 

	
Nancy Israel

	
 

	
/s/

	
Patrick C. Brooks


	
 

	


	


	
 

	


	



	
 

	
Omega Financial, Inc. 

  (“the Lender”)

	
 

	
Charter Corporate Services, Inc.

  (“the Borrower”)
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL DATA EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS FILED AS PART OF THE ANNUAL REPORT
ON FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 1996 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH REPORT
</LEGEND>
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                             357
<SECURITIES>                                         0
<RECEIVABLES>                                   15,658
<ALLOWANCES>                                       513
<INVENTORY>                                     16,406
<CURRENT-ASSETS>                                38,722
<PP&E>                                           7,326
<DEPRECIATION>                                   3,819
<TOTAL-ASSETS>                                  76,361
<CURRENT-LIABILITIES>                           12,765
<BONDS>                                         29,984
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            81
<OTHER-SE>                                      27,664
<TOTAL-LIABILITY-AND-EQUITY>                    76,361
<SALES>                                         69,888
<TOTAL-REVENUES>                                72,382
<CGS>                                           38,813
<TOTAL-COSTS>                                   38,813
<OTHER-EXPENSES>                                 2,484
<LOSS-PROVISION>                                   440
<INTEREST-EXPENSE>                               2,763
<INCOME-PRETAX>                                  2,953
<INCOME-TAX>                                       110
<INCOME-CONTINUING>                              2,843
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,843
<EPS-PRIMARY>                                     0.34
<EPS-DILUTED>                                     0.34



</TABLE>