Wednesday, June 23, 2010

Editorial Comment - We're On The Up And Up!

Published by Jimmy Oldsun, NDRIRSRWRAFTC & Editor

Hermann Hearsay is making journalism history again!  Hermann Hearsay, the ONLY local daily online news website NOT involve in a civil lawsuit!

Subscribe to Hermann Hearsay!  We have yet to breach a business contract, sexually harrass any of our female employees, unfairly libel any under-performing civil servant or public official or intentionally over-charge any of our subscribers!

We are straight and above-board.  We've never been ticketed for jaywalking, speeding or littering.  We are reputable ...... well at least moderately so!

Yes folks!  Subscribe with us and you'll never be sorry!  We won't ever embarrass you or give cause to question our business ethics!  We're on the up and up!

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Total # Premium Subscribers: 000,028
Total # Ultra Premium Subscribers: 000,003
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Subscribers Currently Online: 000,080
New Visitors Currently Online: 000,031
Alexa U.S. Traffic Ranking: 304,409
Total # Subscriber Telethons, Raffles & Bake Sales: 000,000

Reciprocal Websites:
www.dschaefer.vemma.com/ (Ultra Premium Nutritional Drinks)
www.ngnn.com/ (Hermann, New Haven and Owensville NEWS)
www.rivertownrecipes.blogspot.com/ (Food & Drink Recipes)
www.vemmadrinker.blogspot.com/ (Premium Nutritional Drinks)

Non-Reciprocal Websites:
www.dorasspinningwheel.com/ (Embroidered Caps, Shirts, Etc.)
www.timeforpie.com/ (Pie, Rolls, Scones, Coffee, Lattes & More)
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Editorial Comment: Definition of Terms - "Breach Of Contract"

Published by Jimmy Oldsun, NDRIRSRWRAFTC & Editor

A local online news service owner recently reported his involvement as Respondent in a civil lawsuit where the Plaintiff, another online news service owner, has petitioned the Courts for relief alleging "breach of contract".

What does the term 'breach of contract" mean?  What is the legal definition?

From the website www.uslegal.com, we find the following legal definition and expanded explanation:

"Breach of contract means failing to perform any term of a contract without a legitimate legal excuse. The contract may be either written or oral. A breach may include not finishing a job, failure to make payment in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not insuring goods, among others. An anticipatory breach may be made by an act which indicates the party will not complete the work.

A breach of contract in legal terms amounts to a broken promise to do or not do an act. Breaches of a contract are single, occuring at a single point in time, or continuing breaches. A lawsuit for breach of contract is a civil action and the remedies awarded are designed to place the injured party in the position they would be in if not for the breach. Remedies for contractual breaches are not designed to punish the breaching party. A contract a a legally enforceable promise, either made in writing or orally. However, certain promises must be reduced to writing in order to satisfy the Statute of Frauds, a rule of substantive law, not a rule of evidence, that specifies certain subjects that must be evidenced by a written instrument.

The non-breaching party is relieved of his obligations under the contract by the other party's breach. Courts will award damages in the event of a breach, but the intent is not to punish the breaching party, but rather to put the other party in the position they would occupy if the contract had been fulfilled. In cases where money is inadequate to compensate the aggrieved party, the court may award specific performance to force the breaching party to fulfill the terms of the contract."

So you can see that an allegation of "breach of contract" is a very serious allegation, especially when it involves business owners who rely upon trust and confidence to successfully operate their businesses!  If the case is proven and a judgment is awarded, then the Respondent's business reputation will be seriously tarnished, particularly in a small community like Hermann.  If the allegation is found to be without merit and no relief is ordered by the court, then the reputation of the Plaintiff has been seriously tarnished.  Yes, the allegation of "breach of contract" against another party is very serious business!

Hermann Hearsay is watching the local case involving two of our colleagues in the news service industry with great interest.  Our editorial board has made the decision that we will have no further comment regarding the specifics or merits of this case until a court judgment is finally rendered.  This is a matter which involves a bitter dispute between two private businessmen in our community.  Were either of the two principals in this dispute an elected official, we would investigate the matter and report our findings to HH readers.  Public officials give up their right to privacy when they assume public office.  Since this dispute and lawsuit involves two private citizens, we will respect their privacy (although they have effectively lost their right to privacy by becoming parties to a civil lawsuit).  It's just that we understand both parties are under considerable stress because of the lawsuit.  We do not wish to involve ourselves in their private business affairs.  We do not wish to add to the stress they are already under.

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Total # Platinum Lifetime Subscribers: 000,003
Subscribers Currently Online: 000,080
New Visitors Currently Online: 000,031
Alexa U.S. Traffic Ranking: 304,409
Total # Subscriber Telethons, Raffles & Bake Sales: 000,000

Reciprocal Websites:
www.dschaefer.vemma.com/ (Ultra Premium Nutritional Drinks)
www.ngnn.com/ (Hermann, New Haven and Owensville NEWS)
www.rivertownrecipes.blogspot.com/ (Food & Drink Recipes)
www.vemmadrinker.blogspot.com/ (Premium Nutritional Drinks)

Non-Reciprocal Websites:
www.dorasspinningwheel.com/ (Embroidered Caps, Shirts, Etc.)
www.timeforpie.com/ (Pie, Rolls, Scones, Coffee, Lattes & More)
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Photo Of The Day - Wednesday, 6/23/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor


General Stanley Allen McChrystal, relieved today of his duties as Commander, International Security Assistance Force (ISAF) and Commander, U.S. Forces Afghanistan (USFOR-A) by President and Commander In Chief Barack Hussein Obama.

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Total # Premium Subscribers: 000,028
Total # Ultra Premium Subscribers: 000,003
Total # Platinum Lifetime Subscribers: 000,003
Subscribers Currently Online: 000,080
New Visitors Currently Online: 000,031
Alexa U.S. Traffic Ranking: 304,409
Total # Subscriber Telethons, Raffles & Bake Sales: 000,000

Reciprocal Websites:
www.bergerbaloneywithmayo.blogspot.com/ (Berger News)
www.dschaefer.vemma.com/ (Ultra Premium Nutritional Drinks)
www.heart2heartlyrics.blogspot.com/ (Song Lyrics)
www.hermannhookups.blogspot.com/ (Social Networking)
www.mid-missouri-mule-rides.blogspot.com/ (Family Fun)
www.ngnn.com/ (Hermann, New Haven and Owensville NEWS)
www.rivertownrecipes.blogspot.com/ (Food & Drink Recipes)
www.vemmadrinker.blogspot.com/ (Premium Nutritional Drinks)
www.watkinsonline.com/richardhschaefer (Watkins Products)

Non-Reciprocal Websites:
www.dorasspinningwheel.com/ (Embroidered Caps, Shirts, Etc.)
www.hermannadvertisercourier.com/ (The Hermann A-C)
www.hermannchamberofcommerce.com/ (Hermann C of C)
www.timeforpie.com/ (Pie, Rolls, Scones, Coffee, Lattes & More)

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Laugh Of The Day - Wednesday, 6/23/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor

“See, the problem is that God gives men a brain and a penis, and only enough blood to run one at a time.”  ~ Robin Williams



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Total # Ultra Premium Subscribers: 000,003
Total # Platinum Lifetime Subscribers: 000,003
Subscribers Currently Online: 000,080
New Visitors Currently Online: 000,031
Alexa U.S. Traffic Ranking: 304,409
Total # Subscriber Telethons, Raffles & Bake Sales: 000,000

Reciprocal Websites:
www.dschaefer.vemma.com/ (Ultra Premium Nutritional Drinks)
www.ngnn.com/ (Hermann, New Haven and Owensville NEWS)
www.rivertownrecipes.blogspot.com/ (Food & Drink Recipes)
www.vemmadrinker.blogspot.com/ (Premium Nutritional Drinks)

Non-Reciprocal Websites:
www.dorasspinningwheel.com/ (Embroidered Caps, Shirts, Etc.)
www.timeforpie.com/ (Pie, Rolls, Scones, Coffee, Lattes & More)
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Quote Of The Day - Wednesday, 6/23/2010

Published by Lois Lame, SSALRCYTMVDQJCP & Assistant Editor

"There is very little difference in people, but that little difference makes a big difference."  ~ W. Clement Stone



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Total # FREE Subscribers: 000,340
Total # Premium Subscribers: 000,028
Total # Ultra Premium Subscribers: 000,003
Total # Platinum Lifetime Subscribers: 000,003
Subscribers Currently Online: 000,080
New Visitors Currently Online: 000,031
Alexa U.S. Traffic Ranking: 304,409
Total # Subscriber Telethons, Raffles & Bake Sales: 000,000

Reciprocal Websites:
www.dschaefer.vemma.com/ (Ultra Premium Nutritional Drinks)
www.ngnn.com/ (Hermann, New Haven and Owensville NEWS)
www.rivertownrecipes.blogspot.com/ (Food & Drink Recipes)
www.vemmadrinker.blogspot.com/ (Premium Nutritional Drinks)

Non-Reciprocal Websites:
www.dorasspinningwheel.com/ (Embroidered Caps, Shirts, Etc.)
www.timeforpie.com/ (Pie, Rolls, Scones, Coffee, Lattes & More)

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