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Burford Perry Wins Take-Nothing Judgment in Breach of Contract Case

Burford Perry partner Kevin Powers successfully defended a Driftwood, Texas, winery in a breach of contract lawsuit that claimed the winery had defaulted on a multi-million dollar loan.

After a one-day bench trial, 234th District Judge Lauren Reeder on August 24 issued a take-nothing judgment in favor of the winery, Duchman Ltd., and its owners, Stanley and Lisa Duchman. She also ordered that the plaintiff, Wayne Kinsey, pay the Duchmans’ court costs.

Mr. Kinsey sought $7.6 million in damages based on $2.3 million he gave Duchman Ltd. between 2011 and 2012 and later claimed was a loan, according to Duchman’s court filings.

“Our case hinged on two main arguments,” said Powers. “The first was that the money Mr. Kinsey gave the Duchmans was a gift, not a loan; second, that even if it were a loan, the statute of limitations had run out by the time Mr. Kinsey sought his alleged repayment. The ruling made clear that Judge Reeder did not agree with the plaintiff’s version of events.”

The case is Wayne Kinsey v. Duchman Ltd., et al. No. 2020-80965 in the 234th District Court of Harris County, Texas.

Founded in 2004, Duchman Ltd. was named by HGTV as one of the 20 most picturesque wineries in the country.

Burford Perry LLP is a Houston-based law firm comprised of seasoned trial lawyers representing companies and individuals in cases involving business and commercial disputes, oil and gas lawsuits, securities fraud, executive employment contracts, serious personal injuries, healthcare business operations and contracts, and trade secrets cases. The firm has prevailed on behalf of its clients in legal jurisdictions throughout Texas and across the U.S.

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