Restaurant Contract Gone Sour

Added: 2026-05-17

[00:00:00][music] >> This is the plaintiff, Joseph Franco. He says he supplies soda syrup, juice concentrates, [music] and beverage dispensing equipment. The defendant contracted with him for his restaurant, and the guy is stiffing him. Not only did he prematurely [music] cancel the contract, he also pulled a switcheroo on the equipment he returned.

[00:00:19]Bottom line, he's an honest businessman, and the defendant should be one, too, [music] and pay him the $2,857.50 he's suing for.

[00:00:34]This is the defendant, Theodore Contanis. He says he had some issues with the plaintiff's product, and the prices were way too high. This lawsuit was filed because he decided to go with another company. The plaintiff didn't like it and is acting like a little baby who doesn't get their way. Enough said.

[00:00:52]He's accused of ending things [music] too early.

[00:01:00]All parties, please raise your right hands. And welcome back to The People's Court. Next case in the docket, the plaintiff supplies [music] soda syrup and stuff, made a deal with the defendant's restaurant, says he got stiffed. But the defendant says the plaintiff's prices were sky-high. It's the case of fizzling out. Long Island Beverage System Incorporated, represented here by Joseph Franco, you're the owner? Yes, ma'am. Okay, you are suing Cattleman Steakhouse Incorporated, represented here by Theodore Contanis? You're the owner? Yes, ma'am.

[00:01:25]Okay, for $2,857.50 that you say you were out in equipment and labor as a result of them breaching a contract with you. That's correct.

[00:01:34]What happened?

[00:01:35]In the latter part of 2009, I met them, and we did discuss doing business.

[00:01:40]Uh, they had an existing system in there, but it wasn't big enough. Okay, so now the restaurant had been in business before that.

[00:01:47]>> it was in business, but went out, so it was vacant, uh, closed for several months.

[00:01:51]>> Okay. So, this is a new owner coming in.

[00:01:53]We tried to get the business. We talked with them. We agreed on doing business.

[00:01:56]New name? Yes. Okay. Okay. There was an existing system in there, uh older, but still somewhat functional. We had to get it back up to date. So, at that point, uh they requested us to put it two additional guns in, which we did. Uh but we told them we'd have to get some kind of a guarantee they're going to be using us exclusively. We just don't throw guns out like that. We don't do that kind of work to get the old system back up and running. And that's what happened. So, the early part >> show me the paperwork then that you have with him where he agrees, and what was the agreement that he would use your services for how long? 4 years. 4 years.

[00:02:28]Okay. And so, show me the paperwork.

[00:02:30]Okay. So, go on. So, what happens then?

[00:02:33]At what month is it that you So, this is January. We get everything up and running.

[00:02:36]>> January of when? 2010. 2010. All right, go on. So, we get everything up and running. Everything's going smooth. Then uh a few weeks later they asked if I could put in an additional two stations in. Something under counter where they can get lemonade and root beer out of, which I did, again, on loan. Uh everything was fine. Everything continued. And then a couple weeks later they asked if we could put a pumping station in. And we did that as well.

[00:02:58]>> to Yes. So, we got the signatures on that as well. Um that was I would say in April or May. By June, end of June, we weren't getting any orders anymore. So, I sent my truck there.

[00:03:09]They said no, they don't want to buy from us anymore. July 7th, I sent a demand letter. I wanted my guns back and my equipment and the cost of the labor that I provided within that timeframe cuz he breached the contract.

[00:03:19]>> This is in July. In July, right.

[00:03:21]>> Okay. So, uh I didn't get a response to the demand letter, that's first of all. So, the beginning of August, um I picked up two gas tanks. My my delivery guy picked up two gas tanks. I asked him if there was equipment outside. He said no. What do you mean by outside? Outside the restaurant.

[00:03:34]>> Why do you have to be outside the restaurant? Why can't you go in and get your equipment? He put it outside. Oh, he put it outside. Okay, go on. So, when I got there, I found the rack there, but it was stripped of all the pumps. The guns were no were to be found. And that's why I picked up just the rack and that two faucet under counter, you know, for the lemonade and root beer. I picked that up as well. I alert them that the equipment is missing, they said come back in a few weeks, we'll get it for you. No problem. The other guy might have taken it.

[00:03:58]Came back in a few weeks, still wasn't around. I went back three or four times, nothing there. Then finally, the last time I get there, there's a bucket of old pumps laying there and two old guns you couldn't even read the dates on them. They're trying to pass it off as my equipment, which I put new in.

[00:04:10]So, that's why we're here today. What's going on here?

[00:04:14]Uh well, basically we uh we needed new product to come in and we needed better price configuration cuz the price was very high. Uh and we needed better service as well. So, you just didn't like his product. You didn't You don't No, we wanted we wanted more different product. We wanted different iced tea.

[00:04:31]>> more variety and you wanted better service and you wanted a cheaper price.

[00:04:34]Yeah, exactly. And he didn't he didn't carry that product. But he has great product. I'm not saying that his product is is is Okay, but do you call He says that he just all of a sudden noticed that you weren't ordering from him. Did you call him and say, "Hey, what are >> I I informed him a week prior. A week prior to what?

[00:04:47]>> prior to making the change to new service How did you inform him? Uh over the telephone and through his >> And you deny that?

[00:04:53]>> No way.

[00:04:54]>> Okay, so go on. And we wanted additional product and we wanted better service and better price.

[00:04:58]>> you guys don't actually have like a contract. What it is is there's an invoice. And on the invoices from early on, there's a stamp on the bottom of the I shouldn't call it a stamp. There is writing on the bottom of that invoice that says customer agrees to use LIBS products exclusively for 4 years in lieu of labor, $175 labor per hour. Doesn't say how many hours were involved in doing that, but that's what that says.

[00:05:23]Did you see that?

[00:05:24]>> No, I did not see that. But but I do have a document here. I don't know if you probably have a copy of it. A handwritten one, which is ironically um dated the same day where it also says that handwritten and it's been crossed out >> That's correct.

[00:05:40]>> by you cuz you did catch that one.

[00:05:42]So, what's the deal with you guys that you you just sort of sneaking it the invoices? Not at all. I mean because this is obviously he does not intend to abide by that. That's why he crosses that out. So how is there another receipt on the same day? I sent I sent two. One to to to describe the installation of the guns. And then I always put a a blank one in there so that could the gentleman could write exactly what parts are being used in that install. Whose signature is that?

[00:06:07]Oh, who are you? Come on up.

[00:06:10]This one here? I'm the I'm his partner.

[00:06:12]Okay.

[00:06:14]You guys related? No. Okay.

[00:06:16]Um So do you So you end up signing two that day? But they're both for the same thing. One is more specific than the other?

[00:06:23]>> Can I see that one cuz I'm not sure if I have that.

[00:06:27]The second one mentions the value of the equipment as well.

[00:06:32]Okay.

[00:06:33]The This wasn't on here when I signed it.

[00:06:35]This is a stamp.

[00:06:37]You think it is a stamp?

[00:06:38]Yeah, it I One of the first time and the only time I ever saw the four-year contract, I crossed it out. And if he produces the original He did and it's crossed out.

[00:06:48]Yeah, so why would I agree to it later and not agree to it? Yeah. Right.

[00:06:54]So you think So that is that is your signature but you think that stamp was put there later? Yeah, I All right.

[00:06:59]That's sort of like I don't know. When we put equipment, we get a signature. Yep. No, that's not what I'm asking. I mean what I'm worried about is this LITTLE LIKE GOTCHA $175 WAIVER THING THAT YOU STICK IN THERE. I got to know that they agreed to it. I've got you agreeing that on day one he said, "Nah, what are you talking about?"

[00:07:16]and taking that all that all out. The two things there. The I agree to use you for four years and the I'm going to pay $175 in fees um per hour to install it. All right.

[00:07:27]And then I see a bunch of receipts where it's not in there.

[00:07:30]And then I see one receipt where it's snuck in there. And it's just sort of I I don't know that I can turn around and say, "YEAH, YOU GUYS HAVE AN agreement that he's going to pay you $175 per hour." Now, let's talk ABOUT THIS OTHER PART OF this which is that he's saying that you guys tried to pawn off some old equipment on him and that it wasn't the brand new equipment that he gave you.

[00:07:49]What's going on with that? Well, I believe that Joe had come over. He looked at it and he said, "Oh, those aren't my pumps."

[00:07:57]I mean, I'm in the steak business. I know about steaks and ribs and chicken.

[00:08:01]I don't know anything about pumps. You know, so where would I get these pumps from? There you go.

[00:08:06]>> All right. Um how do you know these aren't your pumps?

[00:08:09]Like, how do you know that these aren't your pumps?

[00:08:11]>> Well, first of all, if you look at the dates on the on the pumps They're faded on the pump.

[00:08:15]>> '06 and '07 and the guns you can't even read the dates. Do you want me to show you? Sure.

[00:08:21]Bring me the box.

[00:08:22]No, no, I I do want him to So, if these guys were operating under different contracts, is the whole [music] thing just unenforceable? It's unenforceable. You need to have the same contract or else it's Can can can the judge just choose I like this one the best and this is the one I'm going to go under?

[00:08:37]>> No, he cannot.

[00:08:39]Yeah, they both have to agree or it's not enforceable. Okay, we'll find out.

[00:08:42]Going inside the courtroom.

[00:08:45]I'm on this label Right here is the date of the pump.

[00:08:49]Okay. All right.

[00:08:51]You see the date on the pump?

[00:08:52]Right up in here.

[00:08:54]So, this is April of 2010. All right.

[00:08:57]And that's somehow not That's even newer than when you installed it.

[00:09:02]>> Which is odd because that would make this not his pump but a newer one. So, what's to complain about? It's very strange. Okay, And then on the guns there's no date at all. I mean, there should be a date.

[00:09:10]>> Okay, but like okay, but >> Again, I don't They could have just given him that. I don't know. The pump I went there that day had '06 and '07 dates on it. And I'm under oath, I mean.

[00:09:18]Yeah, I know you're under oath, he's under oath, everybody's under oath.

[00:09:20]Somebody here isn't telling me what happened. Go ahead and go back.

[00:09:22]>> Okay.

[00:09:23]What do you think happened? Do you think that maybe these guys used part of his equipment and then just said, "What? He want Oh, okay." and then just put some stuff in a You don't know.

[00:09:32]Nobody knows.

[00:09:34]But you all want me to know. You want me to have the correct answer.

[00:09:39]What would I do with those pumps? No, I'm not sure. I don't I don't think anybody here thinks you guys are in the pump black market.

[00:09:46]>> [clears throat] >> That's not I don't think that's what we think that's not what he's saying is going on. What he's concerned about and what he claims is that he got no heads up from you. New guy moves in on his territory, okay? New guy takes his stuff out. New guy you maybe uses part of his stuff and then throws a bunch of stuff in a bucket and says here's here's your stuff and that it's not really his stuff. I think he's angry that he lost the account. I agree with you. I have to agree with that. I know that that's part of it. But I I also am a little concerned that equipment he installed in January has a date of manufacturing of April of 2010. That doesn't make any sense I guess. So I know this is in his pump. It could very easily be that I and I don't know, I'm just assuming that during the time that he was doing service there he yeah.

[00:10:32]I have no idea.

[00:10:34]It's a good answer.

[00:10:36]What do the other pumps say?

[00:10:37]Huh? What do the other pumps say? What dates do the other pumps >> They don't have dates, right? The other pumps don't have dates?

[00:10:41]>> They should all have a date on them. Oh, let's see. Well, let's see. And there's no pumps that were replaced in that What was replaced? All these service calls, all these receipts that I have here, what was replaced?

[00:10:51]As in gas leaks. We that's some of the other equipment we installed for them.

[00:10:55]>> Change plates and guns.

[00:10:57]On it in April. Change plates and guns.

[00:10:58]>> Cuz you wanted to go from a carbonated to a non-carbonated state.

[00:11:01]>> done. We're done. We don't need this pump? No, I don't need this pump. I can't figure this out and you've got the burden of proving it to me as the plaintiff in the case. I right you just finished telling me that they never replaced the guns and I didn't even look there's 15 receipts here. The the second one I looked at says that you replaced the guns and then your answer is cuz they wanted it not oh, sorry, I didn't realize it. I mean, you know, you can't prove this and I you know, I frankly I this whole like well, you agreed to pay me $175 an hour as opposed to I'm putting the my guns in because I want your business. You've got to prove that they agreed to it. I have the very first receipt where they're not agreeing to it. They're specifically not agreeing to it. When you see that this receipt comes back with it crossed off, then you are on notice TO GET THAT'S NOT what you want to say to them, "Look, you're going to need to sign this because I want you guys to be on notice that you're going to do XYZ and not pretend that didn't get crossed out and not just look at me and say, "Well, trust me, Judge. I'm under oath." And they knew it. That's not going to work, you know? That's just not going to work. Uh as far as I'm concerned, I find that you are unable to prove that they agreed to pay you either the 175 or to keep you for 3 or 4 years as the case may be. Verdict for the defendant.

[00:12:09]Well, let's hear what the plaintiff has to say. And I don't think he's too happy coming out of the courtroom right here.

[00:12:12]What's going through your mind right now? Documentation.

[00:12:15]It's a lesson we learned.

[00:12:16]>> Yeah, of course. I mean, that's what The People's Court has been teaching for all these years. Ever watch it? Yes, I have.

[00:12:21]>> Yeah, okay. You should know. Where What Where there's Where's the They're mine.

[00:12:25]I don't want them. You Those What were those hoses and stuff in there?

[00:12:27]>> Hoses and soda guns and what have you.

[00:12:28]>> You just left them? You gave them back to No, my equipment. Sold his equipment.

[00:12:31]I don't want it. You don't want it?

[00:12:32]>> No. So, I thought these cattlemen go by the honor code.

[00:12:37]I can't vouch for that. No? All right.

[00:12:39]All right. Head right down this way, all right? So, So, he loses his case and the steak man is out here. How you all doing?

[00:12:45]>> Hey. Sheriff, how you doing?

[00:12:46]>> I'm doing fine. I'm doing fine.

[00:12:48]>> All right. You happy about the outcome on this case?

[00:12:49]>> it was great. It was something that we knew was going to happen. And uh we we enjoyed it. And we hope everybody come on down to the Calvin Steakhouse soon.

[00:12:58]Have a belly busting good steaks back and good time. You dress like that on the job?

[00:13:03]>> All time. I'm the sheriff. This is my deputy. One of my deputies over here.

[00:13:07]How are you? Okay, the plaintiff is saying the real issue in this case is documentation. It's not. The real issue is wasn't up front about the whole thing, that he knew the defendant was dissatisfied with the deal, and he didn't deal with it. And that will do it for this case. Litigants for the next case on the way into the courtroom right now.