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39. Defendant, John Schmitz, in point of fact, paid no consideration for those [311,112,224] shares, whatsoever, nor did any of those named Defendants, but Schmitz did pay to Charles Roberts his agreed amount of accrued storage, shipping and handling fees prior to the shipment of, those stored Purewater corporate records, except that Maxima, as a precaution retained both the Purewater Minute Book and its Corporate Seal. Defendant, John Schmitz, took possession of those shares, properly executed by Matrix "so that the Defendants allegedly could illustrate to investors that they did have the full cooperation of Matrix", and that Plaintiffs, Roberts and Shaw, would also deliver to Defendants an additional eighty million (80,000,000) Purewater shares held in Trust for them by Matrix, all with the understanding that Defendants, and each of them, would create formal written agreements to either return all the total shares in the possession of Defendants or exchange with Plaintiffs, Roberts and Shaw, two million (2,000,000) free trading capital shares of the new surviving public entity, Defendant, PanAmerican Bancorp, with a guarantee of a market price of two dollars ($2.00US) at or before the summer of 1998 for their shares held in Trust.
40. Pursuant to that Oral Agreement, Matrix did deliver all its Purewater Sciences International, Inc's capital shares (except those shares held in Trust for Plaintiffs, Roberts and Shaw), but still Defendants, refused, and continued to refuse, to return those Purewater shares, to formalize any agreement between the Parties and/or deliver the agreed PanAmerican Bancorp shares with the market guarantee.
41. Defendant, John Schmitz, vigorously continued to demand delivery of those remaining eighty million (80,000,000) Purewater capital shares owned by Plaintiffs, Roberts and Shaw which had reached a market value of twenty-two cents (.22US) per share, or seventeen million six hundred thousand dollars ($17,600,000US), but Schmitz also steadfastly refused to deliver the agreed PanAmerican Bancorp shares of stock, with that agreed market guarantee, puzzling, but according to Defendants plan. |
