mcmahan ' s furniture
mcmahan' s furniture announced the closing of all its store locations in 2008 .
furniture world will open in about two weeks at 200 w. main st. in kelso at the former location of several past furniture stores: mcmahan' s furniture, heilig - meyers furniture, premiere home furnishings and united furniture .
the old mcmahan' s furniture store on ming avenue across the street from valley plaza .
mcmahan' s furniture stores, which identifies itself as one of america' s oldest and largest family - owned furniture retailers, will close its furniture operations in the next few months, the company announced monday .
if you represent mcmahan' s furniture in lancaster, ca (eg, as a store manager), claim this store location' s profile. if you represent all of this company' s store locations, claim the mcmahan' s furniture retailer profile .
ask a question about working or interviewing at mcmahan' s furniture. our community is ready to answer .
if you represent mcmahan' s furniture in yuba city, ca (eg, as a store manager), claim this store location' s profile. if you represent all of this company' s store locations, claim the mcmahan' s furniture retailer profile .
los angeles — jay mcmahan, who was president of former retailer mcmahan' s furniture here, died may 3 at his home. he was 88 .
principal competitors: ethan allen interiors inc. ; rooms to go; homelife furniture corporation; havertys furniture companies, inc. ; levitz furniture incorporated; ikea international a / s; seaman furniture company, inc. ; krause' s furniture, inc. ; jennifer convertibles, inc. ; schottenstein stores corporation .
mcmahan had been born into a wealthy family that owned a prosperous furniture - store chain .
mcmahan' s furniture stores. home furnishing store - bakersfield, ca. projects, photos, reviews and more | porch
mcmahan was born on feb. 9, 1923, the very day his father james mcmahan - one of the founding members of the national home furnishings assn. - opened the first company - owned mcmahan' s furniture store .
mcmahan’s hedge fund is now worth $ 2 billion – and he’s one of the wealthiest men in the country .
photos show mcmahan' s before and after fire - salem - news. com
the lot at present is a gravel wasteland, the sole residue after the 2006 fire that destroyed the mcmahan' s furniture store. (the
other recent bankruptcies include sharper image, wickes furniture and mcmahan' s furniture, a family - owed chain based in santa monica. other retailers are shutting lower - performing stores to try to stay in business .
in fact, the damage estimate for mcmahan' s furniture is $ 1, 250, 000. investigators say this includes the building and its contents .
salem lost an old friend thursday, and the absence of the mcmahan' s furniture building on commercial in downtown salem is going to take some getting used to .
epperson specializes in the furniture industry, which has been particularly hard hit because of the housing meltdown, which stalled furniture sales, and the credit crunch. more than 70 percent of furniture purchases are financed, he said .
do you have more specific information about the location of mcmahan’s furniture & appliances? why didn' t you say so? you can improve yelp by sharing it here .
q: do you know what will be going in at the old mcmahan' s furniture store across from valley plaza on ming avenue? looks like a major facelift .
puerto rico' s largest - volume furniture retailer, berrios enterprises, is acquired for $ 99. 3 million .
heilig - meyers spends $ 65 million for mcmahan' s furniture co. , with 92 stores in california, arizona, new mexico, texas, nevada, and colorado .
but ganz, owner and president of mcmahan' s of glendale, finds that four too many .
i really enjoyed working at mcmahan' s, the people were very friendly and the job function was great. i got the chance to learn contract writing and a lot about furniture .
a veteran of the army air force in world war ii, mcmahan led the james a. mcmahan division of mcmahan' s out of los angeles until it was sold to the former heilig - meyers in october 1996. under his leadership, mcmahan' s grew into a 50 - store chain in the western united states .
henderson' s third argument appears to challenge the reasonableness or justification of mcmahan' s reliance on his statements. henderson couches his arguments in terms of the tort of negligent misrepresentation. mcmahan pleaded this cause of action and we discuss it in detail below. we find mcmahan presented more than a scintilla of evidence that he justifiably relied on henderson' s statements. accordingly, we find henderson' s no - evidence grounds against mcmahan' s fraud and fraudulent inducement causes of action without merit .
henderson' s first argument ignores the very point of mcmahan' s fraudulent inducement claim: that he would not have signed the settlement agreement had he known henderson' s representations were false. accordingly, we find as a matter of law that the release language does not defeat mcmahan' s fraudulent inducement claims against henderson, and that mcmahan presented at least some evidence that henderson made material misrepresentations .
mcmahan is survived by his wife of 68 years, jacqueline mcmahan. they had six children, 14 grandchildren and nine great - grandchildren .
henderson' s second argument also fails, as we have already found mcmahan presented more than a scintilla of evidence to demonstrate that under the facts of this case, henderson had a duty to disclose mcmahan' s lack of stock ownership .
save extra money on any gardner white furniture purchase over $ 599 with this goodbed discount code .
raymond is also in the wholesale furniture business, selling goods from asia throughout the united states .
it looks like we don' t have a specific address for mcmahan’s furniture & appliances, which makes giving directions tricky. this business might not have an official storefront, or it might move to multiple locations throughout the day .
mcmahan contends the trial court erred in granting henderson' s summary judgment motion. in his motion, henderson alleged both traditional and no - evidence grounds. 5 we address: (1) henderson' s claim that he was covered by the release; (2) henderson' s contention that all of mcmahan' s causes of action are barred by the statute of limitations; (3) henderson' s various no - evidence grounds; and (4) his objections to mcmahan' s affidavit. finding that some of mcmahan' s claims should have survived summary judgment, we affirm the judgment in part, reverse in part, and remand for further proceedings .
cy goldberg eventually sold united furniture to mcmahan' s in 1984. heilig - meyers bought the business from mcmahan' s, who were in financial trouble, in 1996. premiere bought the store from heilig - meyers because they went bankrupt in 2000. then, a struggling economy was blamed by the owners of premiere when they closed their store in august 2003 .
more than 370 trees line brand boulevard in glendale' s downtown business district, and only seven of them stand in front of julian ganz' furniture store .
jeff raymond, owner of the vancouver - based furniture world, said the business will be the largest furniture store in southwest washington. raymond' s company, raymond and jusupovic llc, bought the building and the nearby warehouse for $ 1. 4 million recently .
during their affair and “marriage, ” mcmahan was more than generous with linda .
then mcmahan sued schutt, schutt’s father and linda, claiming they tried to extort $ 10 million to keep a lid on the scandal .
henderson next presented a no - evidence ground challenging mcmahan' s claim for negligent misrepresentation. under section 552 of the restatement of torts :
the opening of furniture world continues a trend that started 65 years ago when louis goldberg, his two sons, nate and cy, and cy goldberg' s brother - in - law frank kale opened united furniture store at the 40, 000 - square - foot location .
henderson argues only that there is no evidence he committed any unlawful overt act. because we have found mcmahan' s fraud, fraudulent inducement, legal malpractice, and negligent misrepresentation claims survive henderson' s no - evidence challenges, we also conclude there is at least some evidence that henderson committed an unlawful overt act against mcmahan, and find the trial court erred in granting summary judgment against mcmahan' s conspiracy claims .
mcmahan' s arguments regarding conditions precedent are based on certain language in the second paragraph of the agreement. although mcmahan relies only on the last sentence of the following excerpt, the entire paragraph is included here for context :
furniture world has already hired five people and will be interviewing a few more employees to work in a warehouse .
lee tice, mcmahan' s advertising director, said he could not give any further details on the reasons or the timeline for the closure .
craft, leslie, jr. ,' what' s in store for heilig - meyers? ,' furniture / today, october 5, 1992, p. 16 .
because of the building' s history as a furniture gallery, not much renovation was needed, raymond said. only a few repainted walls and minor refurbishing is being done .
raymond, 64, has furniture world stores in vancouver, lynnwood and marysville. raymond, who has been in the furniture business for 35 years, said he' s noticed
a migration to the area from vancouver and we' re looking at the movement to continue going that way .
in sum, we find the trial court erred in granting henderson' s summary judgment motion on mcmahan' s fraud, fraudulent inducement, legal malpractice, breach of fiduciary duty, negligent misrepresentation, and conspiracy claims .
mcmahan filed for divorce from elena in july 2005, and that case is still pending .
one of his legitimate daughters, alison mcmahan, told new times she never trusted linda .
ganz' s battle over the trees dates back to 1985, when glendale officials ordered mcmahan' s to remove the protruding roof sign. ganz finally removed the sign under a court order in april, 1986, that resulted from the city' s filing a criminal complaint against the store .
established in 1919, the company has 17 stores in california and oregon, including two la - z - boy furniture galleries .
in conclusion, we find the release contained in the settlement agreement signed by mcmahan is valid and effectively precludes mcmahan' s underlying claims against the greenwood defendants. consequently, we need not review his additional arguments concerning alternative grounds for summary judgment, and affirm the trial court' s summary judgment in favor of the greenwood defendants .
henderson next raised no - evidence arguments against mcmahan' s claim that he signed the settlement agreement under duress. as mcmahan' s claims of duress against henderson parallel those raised against the greenwood defendants, we reach the same conclusion as with the greenwood defendants, and find no evidence of duress. accordingly, the trial court did not err in granting summary judgment against mcmahan on his claim that he signed the release under duress .
i find that difficult to understand ,
day said .
if there is a hardship, i believe that hardship is of mcmahan' s own making .
henderson next argues that all of mcmahan' s causes of action are barred under the statutes of limitations. specifically he contends that, because mcmahan' s alleged damages all accrued, at the latest, at the time he signed the settlement agreement, all of his claims are barred under the two - year statute of limitations. 10 the settlement agreement was signed on march 30, 1994, and mcmahan filed suit on march 27, 1998 .
even from their first kiss, mcmahan had been aware of the dark depths of his forbidden feelings .
mcmahan' s has implemented several strategies to react to the current business environment, according to the release, but they said the market for home furnishings has continued to decline .
we find henderson failed to conclusively negate the discovery rule and mcmahan presented sufficient proof to raise a fact issue as to each element of fraudulent concealment. accordingly, the trial court' s summary judgment is not supported by henderson' s limitations defense .
in order to free mcmahan' s assets from the fdic lien, fine rides purchased mcmahan' s notes from the fdic. although mcmahan contends he contributed approximately $ 750, 000 in cash and assets to fine rides and that he was told by henderson he was a shareholder, no stock certificates were ever issued to him. the summary judgment evidence reflected that the assets mcmahan contributed to fine rides were originally recorded in the company' s accounting records as contributions toward stock ownership, but were later “reversed” in march or april of 1991. the parties dispute who ordered the reversals and the reasons for the reversals. 1 in 1993, fine rides sold the service portion of its business to mcmahan. as part of this transaction, mcmahan purchased much of the inventory that he had earlier “contributed” to fine rides. the purchase price was incorporated into a promissory note for $ 173, 356. 53 from mcmahan to fine rides, inc .
1. the greenwood defendants contend mcmahan himself ordered the reversals because of potential tax consequences. mcmahan contends he did not become aware of the reversals until they were mentioned in a deposition in the present lawsuit .
the company had opened its initial store in a leased space in 1919 and grew to be a top 25 furniture retailer. jay mcmahan joined the business in 1942 at age 19 and took over the presidency in 1951 when his father died unexpectedly .
mcmahan alleged that because henderson gave him false information and advice regarding his stock ownership in fine rides, he continued to transfer assets to fine rides and later signed the settlement agreement, rather than attempting to recover the full value of the assets he contributed. henderson' s sole argument in his motion is that there is no evidence of an attorney - client relationship between himself and mcmahan at the time of the negotiation, preparation, and execution of the settlement agreement. henderson' s argument, however, misinterprets mcmahan' s allegations .
mcmahan' s proof is also sufficient to raise a fact issue on the third element of fraudulent concealment, as there is at least some evidence that when henderson allegedly told mcmahan he was a shareholder in fine rides, henderson would have known this was not true, yet he continued to conceal the fact that mcmahan was not a shareholder. in short, we find mcmahan presented sufficient proof to raise a fact issue as to each element of his fraudulent concealment defense to the statute of limitations .
mcmahan' s furniture & appliances can be found at state st 260. the following is offered: beds & mattresses. the entry is present with us since sep 9, 2010 and was last updated on nov 14, 2013. in salem there are 13 other beds & mattresses. an overview can be found here .
warehouse foreman and delivery driver. pull orders for customers, sometimes build furniture. make timely deliveries to customer homes, provide great customer service .
scott anton, manager of the furniture world on west main street in kelso, gets the new store ready for opening in about two weeks .
westphall put father and daughter together and mcmahan paid for dna tests to determine paternity, court documents said .
but two years later, mcmahan, who had separated from elena, became a couple again with linda .
mcmahan argues that if henderson represented only the greenwood defendants at the time he allegedly made the statements regarding stock ownership, then henderson made false statements without exercising reasonable care or competence in obtaining or communicating the information and with the intent that mcmahan rely on the misrepresentations. henderson counters, however, that there is no evidence of any alleged material misrepresentation and that the evidence conclusively demonstrates that he and mcmahan were in adversarial positions during the negotiation, drafting, and execution of the settlement agreement, such that mcmahan could not have justifiably relied on henderson' s statements regarding stock ownership. henderson' s arguments are identical to those he asserted against mcmahan' s fraud and fraudulent inducement causes of action. for the reasons we rejected them there, we reject them here .
mcmahan makes no argument and cites to no references in the record that would allow us to determine the extent of discovery undertaken prior to the filing of the motion, the nature of any discovery deadlines imposed by the court, or the length of time between the filing of henderson' s no evidence points and the hearing on the motion. consequently, these factors cannot be said to weigh in mcmahan' s favor. we do not find the trial court abused its discretion in denying the motion for continuance, and overrule mcmahan' s third issue .
in 1993, heilig - meyers purchased carlsbad, calif. - based mcmahan’s furniture co. , an acquisition that added 92 stores: the company also entered the chicago area. the acquisition of l. fish’s four downtown and seven suburban stores was a departure from the company’s traditional focus on smaller markets, but derusha said they were a good geographic fit for heilig - meyers, which had been expanding in the midwest. also in 1993 the company began sponsoring a nascar racing team .
earlier this month mcmahan' s announced that it would close its stores in bakersfield and medford, ore. , but monday' s announcement that the entire chain would close came as a surprise to employees at the eureka store, located on fourth and h streets .
buchanan, lee,' heilig - meyers sees 700 units,' furniture / today, november 14, 1994, pp. 1, 18 .
even if you' re not in the market for new furniture, you may see this as very good news for the look of the city .
bbb reports on known significant government actions involving the business' s marketplace conduct .
bbb reports on a business’s bankruptcy as long as the business remains in bankruptcy .
we find that the language relied on by mcmahan is a mere recital of the parties' intentions in entering into the contract and that the alleged conditions precedent are simply covenants under the contract. accordingly, the trial court did not err in granting summary judgment against mcmahan' s claims of conditions precedent .
- - - - - -,' furniture giant files bankruptcy papers,' richmond times - dispatch, august 17, 2000, p. a1 .
4. williamson testified she made the reversals at mcmahan' s direction. this testimony is supported by the testimony of howard greenwood, and by that of john eagleson, fine rides' accountant .
the building is laid out perfectly for a furniture store … that' s what is was built for ,
raymond said .
and we already do a fair amount of business from the kelso area at our vancouver store .
john mcmahan appeals from summary judgments granted in favor of howard greenwood, howard greenwood investments, inc. , fine rides, inc. , circular processing, inc. (collectively, “the greenwood defendants”), and j. randle henderson in a lawsuit arising out of a business venture between mcmahan and the greenwood defendants. mcmahan contends the trial court erred in granting the defendants' motions for summary judgment and in denying mcmahan' s motions for continuance and new trial. we affirm in part, reverse in part, and remand for further proceedings .
- - - - - -,' heilig - meyers hones strategy,' furniture / today, march 27, 1995, pp. 1, 46 .
furniture shopping in the orange county, ca area? urltoken can help. click here to see more stores in orange county, ca and the surrounding area .
most often than not, an old furniture store will just be transformed to yet another furniture store. this is usually due to the abundance of space that it has to provide. apart from that, sydney also witnesses spacious lots being taken over by self storage facilities and so on which require just as much space .
by 1992 heilig - meyers had set a goal of 50 new stores a year. in that year it acquired 13 stores from gibson mcdonald furniture co. for $ 13. 7 million, four stores from reichart furniture corp. for $ 739, 000, and 14 stores in pennsylvania and west virginia from wolf furniture enterprises for $ 6. 8 million. of heilig - meyers' s 401 stores, 60 percent were less than four years old. there were five distribution facilities, each designed to serve between 90 and 125 stores within a 200 - mile radius .
the greenwood defendants attached to their motion for summary judgment an affidavit from henderson, the attorney who represented them in the negotiations culminating in the settlement agreement. in his affidavit, henderson stated that during the settlement negotiations he told three different attorneys representing mcmahan that it was the greenwood defendants' position that mcmahan was not a shareholder in fine rides, had never been a shareholder in fine rides, and was merely the owner of an unexercised stock option. henderson further stated that mcmahan' s claim of stock ownership was definitely part of the negotiations and that one of mcmahan' s attorneys agreed to the language in the settlement agreement covering that issue, i. e. , “mcmahan will release any claim he has to the ownership of stock of fine rides, inc. ”
engel, clint,' heilig - meyers to buy 17 puerto rican units,' furniture / today, december 26, 1994, pp. 1, 51 .
mcmahan also argued that henderson' s absence from the state tolled the statute of limitations. however, he failed to address this issue in his response to henderson' s summary judgment motion, and on appeal, acknowledges that henderson' s absence was probably not sufficient to toll limitations for a legally significant period of time. accordingly, this argument was not preserved in the trial court and has been abandoned on appeal. see cuyler, 60 s. w. 3d at 216 .
- - - - - -,' richmond, va. - based furniture retailer closes all remaining stores,' richmond times - dispatch, april 12, 2001 .
the plan never got off the ground – and it’s not mentioned in his official biographies .
as an employer he was very tuned in to his company and its employees ,
said doug kays, ceo of the urltoken industry portal and former general counsel and vice president of operations for mcmahan' s .
firefighters have been in the area since the costly fire started late last week. older buildings the size of mcmahan' s can be hazardous during and after a fire, so they say every measure is being taken .
but two months later, mcmahan filed a lawsuit against linda – who he had named a top executive in his financial empire – claiming that she not only had stolen his firm’s trade secrets, but also its computers .
henderson' s proof fails to establish his limitations defense, as the letter does nothing more than prove what mcmahan knew as of the time he filed his response to the motion for summary judgment, falling far short of conclusively proving that mcmahan knew or should have known of its content prior to that time. furthermore, the letter does not necessarily put mcmahan on notice as a matter of law of any alleged fraud in the division of stock ownership rights. mcmahan states the business was started in april of 1989 and that he was to receive his stock only after contributing assets to the company. in absence of proof by henderson that the assets had in fact been contributed and mcmahan' s stock ownership rights accrued by april 3, 1989, the letter' s statement regarding ownership of the stock as of that date was not necessarily incorrect. thus, the letter would not have necessarily put mcmahan on notice of any alleged fraudulent conduct at that time. accordingly, we find henderson failed to conclusively negate application of the discovery rule .
the guest book is expired please restore the guest book to share in the life story for james a .
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mcmahan
in court papers, mcmahan has insisted he never had a sexual relationship with linda and questioned whether she was really his daughter .
by 1970, heilig - meyers had 19 stores and merged with the nine - store chain of thornton stores of suffolk, virginia. to finance further expansion, heilig - meyers went public in 1972. using capital raised by its ipo, t he company purchased the assets of granite furniture co. of mount airy, n. c. , in 1975, bruce’s furniture stores of easley, s. c. , and furniture stores in richmond, danville, va, and kershaw, s. c. . by 1980 the company had 72 stores. the meyers brothers and krumbein sold much of their stock in 1983 and retired the next year, but remained directors. they turned over the management to two trusted executives still in their 30s, william derusha and troy peery, jr .
ganz' attorney, douglas b. kays, argued, however, that it is unfair that mcmahan' s must contend with a double row of trees, while most of brand boulevard is lined with a single row .
mcmahan also contends the settlement agreement is unenforceable because of the failure of conditions precedent contained in the document. according to mcmahan, the settlement agreement was conditioned on the greenwood defendants' release of all ucc encumbrances and liens within ten days from the date of the agreement, the transfer of fine rides' telephone number to mcmahan upon the cessation of business, and the dismissal of the detainer action. mcmahan argues that none of these conditions precedent were fulfilled and, consequently, the agreement (and particularly the release) never came into effect .
in 1995 heilig - meyers acquired puerto rico’s largest - volume furniture retailer, berrios enterprises. the deal gave heilig - meyers its first presence outside the u. s. mainland. the stores continued to operate under the berrios name, which had a good reputation in puerto rico, breaking with the company tradition of changing the names of its acquired stores to heilig - meyers .
in response, mcmahan argues that one of the attorneys listed by henderson did not actually represent him because of a conflict of interest and that the statements in the affidavit do not prove mcmahan had actual knowledge of the greenwood defendants' position. we find these arguments without merit. the fact that one of the attorneys eventually declined representation does not harm the reliability of henderson' s affidavit. further, the test is not simply whether mcmahan had actual knowledge, but whether he could be charged with such knowledge as a matter of law. see shindler, 768 s. w. 2d at 334 .
mcmahan' s has experienced downturns before and always managed to rebound ,
the release stated .
however, this decline dating back to late 2006 has been considerably longer and deeper than anything they' ve previously experienced .
howard, maria osborn,' furniture firm here steps out: heilig - meyers buys puerto rican chain,' richmond times - dispatch, december 15, 1994, p. b9 .
mcmahan claims that appellees made fraudulent misrepresentations to induce him to contribute assets to fine rides. in exchange for his contributions, mcmahan contends he was to receive 70% of the stock in fine rides, which he never received. mcmahan further maintains he was told he was a shareholder of the company and that issuance of stock certificates was simply a formality. regarding the settlement agreement, mcmahan specifically argues that the greenwood defendants failed to disclose their prior fraudulent conduct, thus fraudulently inducing him to sign the agreement under the misimpression that he had been the majority shareholder .
henderson cites no authority, and we have found none, suggesting that simply because parties become adversarial after statements are made, the non - client cannot continue to justifiably rely on the uncorrected earlier statements. the extent, if any, to which the change in the nature of the relationship to an adversarial one may have affected the justification of mcmahan' s reliance is a question of fact, and the trial court erred in granting summary judgment against mcmahan' s negligent misrepresentation claims .
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unfortunately february 10, 1992, the neighboring restaurant, webber’s bar & grill caught fire and burned scott’s cycles historic building to the ground. only two days later, scott’s reopened to it’s temporary location which was one block up the street. it was with the help of loyal customers and the community that such an incredibly fast reopening took place. we were located at 147 commercial st ne while we rebuilt our “home. ”
noting that about 80 percent of its customer sales were being charged to company credit cards, an industry analyst declared in late 1993 that heilig - meyers had emerged as the country’s most profitable furniture and jewelry retailer. its market capitalization of $ 1. 6 billion was said to be the biggest in the business .
- - - - - -,' heilig - meyers keeps on growing: richmond - based furniture retailer buying two chains,' richmond times - dispatch, september 18, 1996, p. c1 .
scott’s cycle was founded in 1914 by harry w. scott he owned the business until 1965 when he sold it to the current owner, larry lewis. scott’s cycle used to be more than a bicycle shop. the original shop carried lawnmowers, motorcycles bicycles and was also a locksmith shop. read more about scott' s cycles
after telling his daughter they’d been married in a previous life, mcmahan observed her legs were “a very sexy version” of his own, one deposition said .
in 2002, mcmahan began his own affair – with a ukrainian woman named elena who would eventually become wife no. 5, the legal papers say .
in an affidavit, she wrote, “this was a difficult, if not unbearable, time of my life, as i continued to be abused and subservient to mcmahan’s sexual demands while at the same time i had lost any semblance of my marriage with sargent. ”
brand boulevard has been greatly enhanced by the beautiful trees in planters ,
glendale resident mary ann prelock said .
mcmahan' s does heavy newspaper advertising... i don' t think
the use of signs
makes any particular difference .
in his reply brief, mcmahan states that his petition raised causes of action against henderson for fraud, fraudulent inducement, “negligence / legal malpractice, ” breach of fiduciary duty, conversion, conspiracy, and concert of action. mcmahan has failed to do more than reference his conversion or concert of action claims, either in his response to henderson' s summary judgment motion or in his appellate brief. accordingly, we find these claims have been waived by a failure to argue them in the trial court and on appeal. see cuyler, 60 s. w. 3d at 216; dagley, 18 s. w. 3d at 793. 6
in his response brief, henderson characterizes mcmahan' s appeal as frivolous and requests that we impose sanctions against him under rule 45 of the texas rules of appellate procedure. whether to grant sanctions is a matter of discretion that we exercise with prudence and caution and only after careful deliberation and in truly egregious circumstances. angelou v. african overseas union, 33 s. w. 3d 269, 282 (tex. app. - houston [ 14th dist. ] 2000, no pet .). because we have found merit in some of mcmahan' s arguments, we hold that the appeal was not frivolous and deny the request for sanctions .
principal subsidiaries: heilig - meyers furniture company; hmy - roomstore, inc. ; macsaver financial services, inc. ; macsaver funding corporation, inc. ; macsaver insurance services, ltd. (bermuda) .
you would think going to a furniture store, if you buy something you would be able to take it home with you. nope, that will be 6 - 8 weeks b... read full review
during the summer of 2006 there was another fire scare as the neighboring mcmahan’s furniture store caught fire. the salem fire department did a fantastic job of keeping the fire contained and preventing it from spreading to other buildings on the block. however, les newmans, an outdoor clothing store, suffered from water damage and was unable to reopen next door. it was a sad loss to the salem area community. we felt very lucky to have only suffered from smoke damage this time .
we withdraw our opinion of december 31, 2002 and issue this opinion on rehearing. the motions for rehearing filed by appellant mcmahan and appellee henderson are overruled .
in february 1990 heilig - meyers bought 34 stores and warehouses in tennessee, kentucky, west virginia, and virginia from reliable stores for about $ 35 million. over the next year it also acquired six stores from holthouse furniture corp. and nine from the furniture center, inc. , for $ 5. 6 million and $ 10. 6 million, respectively. revenues reached $ 447. 8 million in fiscal 1991, and net earnings $ 18. 3 million. later in 1991 the company bought five more furniture center stores for $ 2. 8 million and 42 stores from wck, inc. , for $ 14. 4 million .
here, while statements made during settlement negotiations were likely made in an adversarial context, statements made during the formation and operation of fine rides most likely were not. absent fraud, the greenwood defendants and mcmahan were ostensibly working toward the same goal of a successful business venture, and henderson' s alleged initial statements regarding stock ownership would have acted to ensure that mcmahan continued to work for fine rides and contributed assets to the company .
moreover, nothing in the record requires us to consider the additional evidence even if mcmahan had properly briefed his arguments. generally, a party may not rely on new evidence in a motion for new trial without showing that the evidence was newly discovered and could not have been discovered through due diligence prior to the ruling on a summary judgment motion. risner v. mcdonald' s corp. , 18 s. w. 3d 903, 909 (tex. app. - beaumont 2000, pet. denied); longoria v. united blood servs. , 907 s. w. 2d 605, 609 (tex. app. - corpus christi 1995), rev' d on other grounds, 938 s. w. 2d 29 (tex. 1997). mcmahan does not argue, either in his motion or his appellate briefs, that the evidence attached to his motion for new trial was newly discovered and could not have been discovered through due diligence prior to the trial court' s ruling. see risner, 18 s. w. 3d at 909; longoria, 907 s. w. 2d at 609 .
in attempting to defeat application of the release, mcmahan raised three grounds of avoidance: (1) rescission based on fraudulent inducement; (2) duress; and (3) a failure of conditions precedent. we examine each of these arguments in turn and conclude that mcmahan has failed to meet his burden of proof .
when considering complaint information, please take into account the company' s size and volume of transactions, and understand that the nature of complaints and a firm' s responses to them are often more important than the number of complaints .
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a day at mcmahan' s was fairly simple. i had to open the store to start the day. next was walking the showroom and making sure everything was in proper shape for presentation, then my main task was to sell! work environment was friendly and laid back .
a firm that specializes in such matters tracked down myra westphall, who contacted linda’s biological dad, mcmahan, according to a story published yesterday in new times, a newspaper in broward county, fla. , as well as legal papers and video depositions posted on its web site .
the store is expected to open the week of sept. 15, probably on sept. 17, said troy kvingedal, general manager of la - z - boy furniture galley for the san francisco bay area and central valley .
last, henderson lodged no - evidence grounds against mcmahan' s conspiracy claims. to prove a conspiracy, mcmahan must show a combination of two or more persons, an object to be accomplished, i. e. , an unlawful purpose or a lawful purpose by unlawful means, a meeting of minds on the object or course of action, one or more unlawful, overt acts, and damages as the proximate result. see ins. co. of n. am. v. morris, 981 s. w. 2d 667, 675 (tex. 1998) .
i would say we sell middle of the road furniture — mainstream stuff ,
he said .
we also offer some better goods as well as some discount goods. basically, i' d call it meat and potatoes .
la - z - boy has purchased the 22, 000 - square - foot building across from macy' s on ming (the showroom totals 15, 000 square feet) and is revamping what' s been an ugly, empty shell for years .
difficulty assimilating acquisitions and over extension of the company’s credit unit, however, pushed heilig - meyers into the red in the late 1990s. in august 2000 the company filed for chapter 11 bankruptcy protection. in april 2001, the company announced plans to close all remaining heilig - meyers furniture stores in order to focus on its 70 roomstore units. in 1999, grand metropolitan approached helig - meyers to acquire the brand as part of the company’s strategy to create a broad group of luxury brand companies .
hagerty, james r. ,' heilig - meyers has a tough time making it in the city: furniture firm struggles to crack upscale urban market with rhodes chain,' wall street journal, september 30, 1998, p. b4 .
in 1990, he invited linda – who fortuitously had changed her name to mcmahan – to greenwich, conn. , where he ran a hedge fund then worth $ 3 billion .
legal documents say that from 2004, when they were “wed, ” to 2005, when she ended their alleged affair, mcmahan gave her gifts worth about $ 650, 000 .
before thursday' s vote, councilman john f. day said ganz - - and not the thick canopy of trees - - is to blame for the store' s loss in profits since he did not replace the sign with another permitted by the city .
in their motion for summary judgment, the greenwood defendants argued that the summary judgment proof conclusively established mcmahan knew he was not a shareholder of fine rides and, consequently, could not now claim that he relied on the alleged misrepresentations. mcmahan' s claim that he relied on the alleged misrepresentations cannot stand if he can be legally charged with knowledge of the true facts. see shindler v. mid - continent life ins. co. , 768 s. w. 2d 331, 334 (tex. app. - houston [ 14th dist. ] 1989, no writ) (citing sutton v. grogan supply co. , 477 s. w. 2d 930, 935 (tex. civ. app. - texarkana 1972, no writ) ) .
a larger and much more significant acquisition in 1996 — the largest acquisition in company history — was that of rhodes inc. , an atlanta - based furniture chain with 106 stores, mostly located in the southwest and midwest. heilig - meyers retained the rhodes name and its more upscale product line. this acquisition made helig - meyers the largest u. s. household goods retailer .
heilig - meyers was now selling jewelry as well as household goods ranging from vcrs to bicycles and lawnmowers. derusha told dun’s business month in 1986, ‘we’re really in the distribution and credit business. ’ some 90 percent of the company’s 300, 000 customers were using its credit plans to make purchases on time, paying annual financing charges of up to 24 percent. income from credit came to 16 percent of total revenues. the most popular purchases on these plans were the high end items – furniture and jewelry .
the newspaper said she admitted her job as vice - president of marketing for her dad’s company was basically being a companion to him .
- - it' s up to the retailer whether to accept unused gift cards. in most cases, they are not accepted .
ganz, who was ordered by the court more than a year ago to remove a protruding rooftop sign that violated the city' s strict sign ordinance, told the council that since then, few motorists notice the temporary paper signs posted in the store' s windows .
the company moved into the pacific northwest for the first time in 1996 through more acquisitions in california self service furniture co. , a chain based in spokane, wash. , operating 23 stores in its home state, oregon, idaho, california and montana .
in the 1970’s with the high cost of gas, we saw the bicycle boom and scott’s cycle was right in the thick of it leading the way by selling everyone schwinn bicycles. we had customers lining up around the corner as well as taking orders because of the high demand .
mcmahan further asserted that henderson could not utilize a limitations defense because henderson violated the doctrine of clean hands. the doctrine can be raised by a plaintiff, but only to attack an equitable defense alleged by a defendant. see generally steubner realty 19, ltd. v. cravens rd. 88, ltd. , 817 s. w. 2d 160, 165 - 66 (tex. app. - houston [ 14th dist. ] 1991, no writ); hughes v. aycock, 598 s. w. 2d 370, 375 (tex. civ. app. - houston [ 14th dist. ] 1980, writ ref' d n. r. e .). as limitations is a statutory defense not grounded in equity, see 30a c. j. s. equity § 154 (comparing statute of limitations defense with equitable defense of laches), we find that as a matter of law, mcmahan' s unclean hands argument fails .
mcmahan' s motion for continuance alleged henderson' s counsel engaged in dilatory tactics regarding responses to written discovery, which led to an earlier continuance being granted. the record does not contain any prior motion for a continuance nor does mcmahan contend, in his motion or in his appellate briefs, that the alleged dilatory tactics on written discovery continued beyond the grant of the initial continuance. standing alone, these allegations of past tactics do not support the conclusion that the trial court erred in refusing a second continuance, particularly in light of the granting of the first continuance. cf. lattrell v. chrysler corp. , 79 s. w. 3d 141, 147 (tex. app. - texarkana 2002, pet. denied) (considering grant of prior continuance as militating against finding error in denial of subsequent motion) .
from the sidewalk near alessandro' s site, looking across to the pioneer trust building and the hotel. (for a better scan and detail
scott’s cycle was founded in 1914 by harry w. scott he owned the business until 1965 when he sold it to the current owner, larry lewis. scott’s cycle used to be more than a bicycle shop. the original shop carried lawnmowers, motorcycles bicycles and was also a locksmith shop .
in september of 1996, mcmahan requested information from henderson that would allow him to take tax credits related to losses he sustained in fine rides. in response, henderson stated in a letter that mcmahan had never owned any stock in fine rides and therefore was not entitled to an irs form k - 1 from fine rides. mcmahan claims he did not discover that he was not a shareholder until he received henderson' s letter. he further alleges he did not discover until august of 2000 that the accounting entries for the assets he had contributed to the company had been reversed in 1991. he contends the reversal essentially made the transfer of assets a loan from him to the company rather than a contribution toward stock ownership in accordance with the stock option agreement .
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mcmahan does not argue that any of his claims would be spared from operation of the release if the release were determined to be valid. however, his breach of contract claim was apparently for breach of the settlement agreement itself; thus, the release could not preclude that claim. even so, neither mcmahan' s response to the greenwood defendants' motion for summary judgment nor his appellate brief do anything more than mention the breach of contract claim. accordingly, by failing to present evidence in the trial court, mcmahan has waived his claim. moreover, by failing to present argument or authority on appeal, he has waived his argument on appeal. see cuyler v. minns, 60 s. w. 3d 209, 216 (tex. app. - houston [ 14th dist. ] 2001, pet. denied) (plaintiff waived claims on appeal by offering no argument or authority to avoid summary judgment); dagley, 18 s. w. 3d at 793 (no - evidence summary judgment is proper when there is complete absence of proof of a vital fact) .
please feel free to email or call me with all of your retail news and tips, including expansion news, successful merchandising and marketing strategies and anything else you would like to see covered by furniture / today. contact me directly at cengel @ urltoken or 336 - 605 - 1129 .
in determining whether mcmahan can be charged with knowledge, we examine the reliability of the statements in henderson' s affidavit. testimonial statements by an interested witness may be the basis for a summary judgment when the statements are clear, positive, and direct, are otherwise credible and free from contradiction and inconsistency, and could have been readily controverted. tex. r. civ. p. 166a (c); casso v. brand, 776 s. w. 2d 551, 558 (tex. 1989) .
several shoppers walking out with bags of shoes said they were happy with the sale' s prices. but not all customers said they got great deals .
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henderson argued in his motion for summary judgment that the release language in the settlement agreement precludes any claims mcmahan might have against him. it is well settled in texas that a release covers only those people it names or otherwise specifically identifies. mcmillen v. klingensmith, 467 s. w. 2d 193, 196 (tex. 1971). to be effective, the identification must be with such descriptive particularity that the person' s identity or his connection with events is not in doubt. duncan v. cessna aircraft co. , 665 s. w. 2d 414, 420 (tex. 1984). under the heading “mutual release, ” the settlement agreement between the parties provided as follows :
6. henderson also attacked a breach of contract claim in his motion, but mcmahan did not include such a claim in his list nor did he make any arguments regarding it in his brief. consequently, to the extent there was such a cause of action raised in the pleadings, it has been abandoned on appeal. see cuyler, 60 s. w. 3d at 216 .
mcmahan pleaded four means for avoiding application of the statute of limitations: (1) the discovery rule; (2) fraudulent concealment; (3) the doctrine of unclean hands; and (4) absence from state.
mcmahan 's furniture was a family-owned furniture retailer with stores in california , arizona , new mexico , texas , nevada , colorado and oregon . much of its business came from customers to whom it provided credit . 
mcmahan's furniture was a family-owned furniture retailer with stores in california, arizona, new mexico, texas, nevada, colorado and oregon. much of its business came from customers to whom it provided credit.
mcmahan's furniture was a family-owned furniture retailer with stores in california, arizona, new mexico, texas, nevada, colorado and oregon. much of its business came from customers to whom it provided credit.