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Charlotte, NC -A Northern Carolina High Court on Wednesday denied a preliminary order that Legacy Motor Club had tried to prevent Rick Ware races from selling the charter that Legacy MC said he bought.
The trial, which was scheduled for one hour, lasted almost three hours before Judge Clifton H. Smith.
The issue is what Charter Legacy MC bought from Rick True Racing and when they would have access to it.
Under detail revealed in court:
Judge Smith noted that Legacy MC bought a charter from Rick True Racing for ‘about $ 45 million’. This makes it the highest price for a charter.
The agreement calls for Rick True Racing Charter No. 36 (currently used by the No. 51 Car of Cody true). However, the Legacy MC lawyer noted that the wording in the contract described the charter to be purchased as Charter 27, which is also owned by Rick True Racing, but which is rented to RFK Racing this year for the number 60 car from Ryan Preece.
Rick true Racing lawyer said two weeks after the agreement was signed, the two Las Vegas parties met, where Legacy MC offered to pay RWR $ 5 million more than the Orginial purchase price to buy Charter 27 so it could have three chartered cars next season.
It has also been noted in court that RFK Racing has an agreement with Rick True Racing next season to rent Charter 36 (the one used by Cody Ware this year). Teams may rent a charter once every seven years.
A key issue on Wednesday in court was the contract and the confusion created by it.
Keith Forst, a lawyer who represented Legacy MC, said in court that the wrong charter number in the agreement was the result of what Rick Ware told the lawyer that the contract was writing the contract.
Robert Marcus, attorney of Rick True Racing, said in court that true always intended to sell Charter 36 (used this season by Cody true in the No. 51) and does not intend to sell the charter used by RFK Racing.
“I don’t think this contract makes sense,” Marcus said in court, “It’s crayon full of mistakes.”
Forst said the contract suggests otherwise.
“It is crystal clear that this purchase agreement (Charter) 27 and not 36, not the wrong identification of the number,” Forst said in court. “… we wanted the charter that is currently hired (Charter 27).”
Marcus went through a timeline in the court of important moments in the agreement.
He said that a text on March 3 shows Ware’s understanding that the contract for Charter is 36 and that the agreement has been signed.
He said Legacy MC went to Nascar on March 4 to inform officials that they had an agreement to buy a charter. Marcus said in court that “On March 4, Charter 36 is the charter that would be used by RFK Racing next year.”
He noted that the March 15 meeting in Las Vegas when Legacy MC increased its offer by $ 5 million to get Charter 27 to chase it next year
Marcus said “Sale of Charter 27 Rick Ware Racing from the business world,” noted that it will leave RWR without a charter for next season, as there is an agreement with RFK Racing to rent Charter 36 next season.
The two parties were in court on Wednesday because Legacy MC granted a temporary restriction order, but wanted to make it a preliminary order to ensure that Rick True Racing did not sell charter 27 elsewhere.
After the ruling of the judge, true in a statement said: “RWR is delighted with the decision of the court in this case. It is good to be confirmed.”
Cal Wells, CEO of Legacy Motor Club, who was in the courtroom, said about Wednesday’s decision: “Part of the trip.”