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despicable and insidious conduct on the part of Defendants, and each of them, with an intentional, wrongful, tortious and callous disregard for the rights of Plaintiffs in the theft of assets and creating an unjust hardship, loss of prospective profits Plaintiffs, Matrix International, Ltd, Roberts and Shaw, seek punitive damages for the sake of example and to punish Defendants for their fraudulent malicious and oppressive conduct in an amount to be determined at trial.
BREACH OF CONTRACT
[DEFENDANT SCHMITZ]
36. Plaintiffs incorporate by reference Paragraphs 1 through 35, inclusive, and make the same a part hereof as though set forth verbatim herein.
37. On or about January 1998, Plaintiff, Matrix International Ltd with approval of its Member/Managers entered into an oral agreement with Defendant, John Schmitz, to release to him three hundred ninety-one million one hundred twelve thousand, two hundred and twenty-four (391,112224) capital shares of Purewater Sciences International, Inc. to effect a structured business transaction, including the transfer of shares and utilizing the "Purewater" company and its assets.
38. Defendant, John Schmitz, knew that Maxima Holding Company, LLC was the recorded owner of record of these capital shares of Purewater, and, that its name had been legally changed to Matrix International, Ltd. Further, the Parties knew that those shares could not be transferred or traded because of an "Affiliate" legend which could not be removed without the cooperation of Matrix. |
