Evidence
We have compiled substantial evidence supporting our case against Wilderness Run Vineyards. This page provides an overview of the key evidence that demonstrates the existence of a binding agreement and the subsequent breach of contract.
Note: For legal and privacy reasons, certain personal identifiers have been redacted from the evidence displayed on this public website. The complete unredacted evidence is available to legal representatives and court officials upon request.
Text Messages
The following text message exchanges between Max Schmitz (Chapelle Charlemagne) and Harry Pagan (Wilderness Run Vineyards) clearly establish the terms of the agreement:
Initial Agreement (May 2024)
Max Schmitz:
For pricing we would like to cover our operating costs ~$45k
Harry Pagan:
Is it all pretty much vsp?
Max Schmitz:
Yeah
Its 6200 vines
Harry Pagan:
I think that's pretty fair +-
We can talk more as we get closer I can try and get people to come help pick but that's a hike for a lot of people down here
But you can pencil us in as taking it all, we can get something more formal done or I can put a deposit on it and pay for them over the months until harvest. I would like to get up there and check out the vineyard a couple times as they are growing.
Max Schmitz:
All right, that sounds great.
Deposit Payment (July 2024)
Max Schmitz:
Hey I hope you had a great 4th of July.
I got a delivery issue when sending the invoice for the grape deposit.
Harry Pagan:
Sorry for the late text, just letting ya know invoice was taken care of today
Max Schmitz:
Great thanks 🙏
Harry Pagan:
You guys get the funds?
Max Schmitz:
Received. Thank you again
Payment Records
Deposit Payment
- Date: July 9, 2024
- Amount: $13,500
- Payment Method: Bank transfer
- Description: "30% deposit for 2024 grape harvest"
- Status: Received
Outstanding Balance
- Amount Due: $31,500
- Due Date: Upon completion of final delivery (Sep 28, 2024)
- Reminder Sent: November 5, 2024 (with $8,000 discount offer)
- Formal Demand: January 2, 2025
- Status: Unpaid
Invoices & Demand Letter
Documentation of our attempts to collect payment:
- Discounted invoice for $23,500 sent on November 5, 2024 (as a compromise)
- Formal demand letter for full $31,500 sent on January 2, 2025
- Delivery receipts confirming Harry received all communications
Demand Letter Excerpt (Jan 2, 2025)
"We hereby demand immediate payment of: $31,500 This amount remains unpaid by you pursuant to our agreement in the amount of $45,000, entered into and agreed to by you on May 9, 2024 and subsequently confirmed by your payment on July 9 of the $13,500 deposit, 30% of the total amount of $45,000."
Legal Analysis of Evidence
Our legal team has reviewed the evidence and reached the following conclusions regarding the enforceability of our agreement:
- The text messages and subsequent actions by both parties establish a legally binding contract under applicable law.
- The partial performance (deposit payment and acceptance of deliveries) further reinforces the existence of a valid agreement.
- Our complete fulfillment of contractual obligations entitles us to full payment.
- Wilderness Run Vineyards' refusal to pay constitutes a clear breach of contract.
- The evidence demonstrates we have made reasonable attempts to resolve the matter before pursuing further legal action.