Consumer Law, Warranties Breach of contract with Pepsi

[Medellin17]

I have a small restaurant in Dallas and I signed a contract with Pepsi last year for exclusive beverage sales, they provided fountain machine for the soft drinks and a fridge for bottled drinks, for that I was supposed to receive an initial fund of 5,000 just for selling their product and 3 weeks of advertisement on radio for my restaurant plus every year 50 cents for each gallon I sold. It has been a year and after calling them many times for the past months and even sending a demand letter they have not responded to the contract terms, its a clear breach of contract but what I want to know is if there is a chance in case I sue that I will get my money and my attorneys money back, and also how much could I sue for? and how much will my attorney cost?

 

[Michael Wechsler]

Since Pepsi is a deep pocket and you've sent a letter to them to give them a time to cure their breach, there is a very good chance of recovery. Did you send the notice to the party indicated in the agreement, which is usually the Pepsi legal department? You will need to evaluate the monetary damages that you have suffered.

With regard to your rights to attorneys fees, take a look at the agreement. They aren't usually awarded but in this instance I am wondering if there may be such a remedy. An attorney might take this case for a contingency fee (percentage of the reward) since the client has deep pockets and the case seems quite good on the surface.