State ex rel. Litton Business Systems, Inc. v. Bondurant

523 S.W.2d 587, 1975 Mo. App. LEXIS 2214
CourtMissouri Court of Appeals
DecidedMay 5, 1975
DocketNo. KCD 27530
StatusPublished
Cited by3 cases

This text of 523 S.W.2d 587 (State ex rel. Litton Business Systems, Inc. v. Bondurant) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Litton Business Systems, Inc. v. Bondurant, 523 S.W.2d 587, 1975 Mo. App. LEXIS 2214 (Mo. Ct. App. 1975).

Opinion

WASSERSTROM, Judge.

Relator Litton Business Systems, Inc., filed application for a writ to prohibit the respondent trial judge from enforcing his order requiring relator to answer certain interrogatories. This court issued its preliminary rule of prohibition on September 4, 1974.

The underlying litigation before respondent was instituted by a petition of Litton Industries Credit Corporation against Broadway Motors, Inc., an automobile dealership in Kansas City, Missouri. Plaintiff seeks to recover $26,100.36 as the balance due on an agreement dated .October 21, 1971, by Broadway to lease certain computer equipment, together with interest from [589]*589October 21, 1972, and an attorney’s fee of $5,000. The petition alleges that the lease agreement was assigned to plaintiff by relator. Broadway obtained leave to and did bring relator into the case as an additional counterclaim defendant.

Broadway then filed its answer and counterclaim in which it alleges that at the time of the lease agreement relator made certain representations with respect to the equipment and that it warranted and guaranteed certain results to be obtained by Broadway from the use of this equipment. The essence of the claimed representations and warranties respected the ability of the equipment to enable Broadway to employ fewer persons; that it would perform certain business functions and produce certain records; and that the equipment, programs and technical assistance to be furnished would enable Broadway to reduce its costs and expenses. Broadway alleges that the representations were false and fraudulent and that the warranties have been breached, for which it prays actual damages of $29,310.26 and punitive damages in the amount of $60,000.

Broadway then followed up these pleadings by the filing of interrogatories, those now in dispute being as follows:

“7. For automobile dealerships currently subscribing to and using Litton’s accounting system, or any component thereof, please state:
(a) The name, address and telephone number of such automobile dealership.
(b) Whether such automobile dealership subscribed to Litton’s LEADS program, accounts receivable program or payroll program. If all of the aforementioned programs are not leased, which programs are leased.
(c) The date when such automobile dealership entered into a lease of Litton’s accounting system.
“8. For each automobile dealership subscribing to Litton’s accounting system prior to October 21, 1971, please state:
(a) The name, address and telephone number of such automobile dealership.
(b) Whether such automobile dealership subscribed to Litton’s LEADS program, accounts receivable program and payroll program. If all of the aforementioned programs were not leased, which programs were leased.
(c) The date upon which such automobile dealership entered into a lease of Litton’s accounting system.
“9. For each automobile dealership, other than defendant, which has returned, discontinued or refused to further rent Litton’s accounting system, or any part or program thereof, please state:
(a) The name, address and telephone number of such automobile dealership.
(b) Whether such dealership initially leased Litton’s LEADS program, accounts receivable program, and payroll programs. If all of the aforementioned programs were not leased, which programs were leased.
(c) If the entire accounting system was not returned discontinued or refused, the components or parts thereof which were. “13. If Litton’s accounting system was tested, prior to marketing, in an automobile dealership, please state:
(a) The name, address and telephone number of such automobile dealership.
(b) Whether such automobile dealership paid a rental fee to Litton for the use of Litton’s accounting system.
(c) Whether such automobile dealership received any compensation or benefits from Litton, other than the use of Litton’s system.
(d) The dates of the testing period or periods.
(e) Whether every program, and every component thereof, of Litton’s accounting system was tested at such dealership.
(f) If every component and program of Litton’s accounting system was not tested at such dealership, please state the com[590]*590ponents and programs which were not so tested, and the reason or reasons why they were not tested.
“15. Please state what improvement or changes, if any have been made, between October 21, 1971 and March 20, 1973, in the machinery, programs and sales promotional techniques concerning Litton’s accounting system for automobile dealerships.
“17. Please state what defects, deficiencies, limitations or shortcomings have been discovered in Litton’s accounting system for automobile dealerships between October 21, 1971 and March 20, 1973.
“18. Please list the name, address, telephone number, employer and job title of all individuals who have knowledge of defects, deficencies and shortcomings listed in the answer to Interrogatory No. 17 above.”

Relator promptly objected to those interrogatories for the reason that “they are too broad and all inclusive and seek information not relevant or material to the issues involved in this case, nor are they designed to reasonably lead to the discovery of admissible evidence.” Those objections were overruled by respondent on May 23, 1974, subject, however, to the following provision: “The Court will duly consider any motions for protective orders that Litton Automated Business Systems, Inc. may file regarding the information sought by these interrogatories.”

Pursuant to that invitation, relator did file a motion for protective order. The motion made reference to the great expense which it would necessarily incur in compiling the information and preparing answers to interrogatories. The protective measures requested by relator in its motion were: 1) that relator be permitted to make available to Broadway the files from which the information sought could be obtained; or alternatively, 2) that Broadway be required to post a bond to assure relator of recovering the cost of answering interrogatories in the event the court should require Broadway to pay those costs as part of accumulated court costs upon completion of the case; and 3) that Broadway be prohibited from making any contact with relator’s customers who would be disclosed by the answers to interrogatories.

In support of its claim for the protective order, relator relied upon an affidavit of Paul J. Olivo, its Division Counsel. The gist of Olivo’s affidavit was that the cost of answering the interrogatories in question would be an estimated $28,310. Olivo explained the large size of this estimated cost on the ground that there is no central source from which the answers to those interrogatories can be obtained; that the requested information “is not categorized in the manner in which it is being sought;” and that in order to compile the data requested records would have to be searched in each of defendant’s 60 district offices.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. Martel v. Gallagher
797 S.W.2d 730 (Missouri Court of Appeals, 1990)
State Ex Rel. Vanderpool Feed & Supply Co. v. Sloan
628 S.W.2d 414 (Missouri Court of Appeals, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
523 S.W.2d 587, 1975 Mo. App. LEXIS 2214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-litton-business-systems-inc-v-bondurant-moctapp-1975.