By Patsy R. Brumfield/NEMS Daily Journal
TUPELO – Two well-known liquor store retailers are squaring off in chancery court over one’s deal to sell out to the other.
Andrew W. Nash, president of RPS Retail Inc., which operated now-closed Rebel Package Store on North Gloster Street, fired the first shot with a lawsuit against Andy Graf, president of La Vino Inc., situated farther north on Gloster.
Nash claims Graf refuses to “comply” with their May 3, 2010, agreement in which Nash sold to Graf “certain assets,” including his store, and agreed not to compete in the liquor business within 50 miles for six years.
In a document filed Feb. 28 but dated May 3, Graf agreed to pay Nash $50,000 per year with two weeks paid vacation, “even if he resigns or is terminated with or without cause.”
Graf counter-sued Nash, claiming Nash breached their deal by selling a liquor store register and software package to a liquor store in Baldwyn.
Graf insists he doesn’t owe Nash the remainder of their contract, more than $187,500.
He also wants another $50,000 in “incidental and actual damages,” plus punitive damages and court and attorney fees. Attorneys for either side declined to comment. No hearing date is listed on the Lee County chancery docket.
In their 2010 agreement with amendment, included as an exhibit with Graf’s counter-claims, Graf and Nash agreed to reduce his pay package by $50,000 and change it to four years, then boost the purchase price to $200,000 due on the May 1, 2010, execution date.