Fresno County couple alleges property owners breached contract

By Noddy A. Fernandez | Dec 18, 2017

FRESNO — A Fresno County couple is suing a fruit company, alleging breach of contract and fraud.

FRESNO — A Fresno County couple is suing a fruit company, alleging breach of contract and fraud.

Anthony Simone and Jennifer Simone filed a complaint Nov. 27 in Fresno County Superior Court against Simone Fruit Company, Inc., Mauro Simone, and Does 1 to 20, alleging the defendants breached the agreement/contract by refusing to perform the agreement/contract and right of first refusal granted to the property buyers.

According to the complaint, on Nov. 7, the Simones entered into a contract agreement whereby they would be buying the defendants' Fresno County property for $1,615,000 in cash after providing a match sales price higher than a third party buyer. 

Despite performing the terms on the contract, the suit says, the Simones were informed that the sale of property would not proceed when they inquired when they could expect the executed purchase document. 

The plaintiffs allege the defendants failed and refused to perform the right of first refusal to the property buyers and made false representations, assurances and concealed true facts that the property was never intended to be sold.

The Simones seek trial by jury, consequential, monetary and compensatory damages in excess of $75,000, plus punitive damages and all further just relief. They are represented by attorney C. Russell Georgsson of Georgeson and Belardinelli in Fresno.

Fresno County Superior Court case number 17CECG04064

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