Fox v. Continental Airlines, Inc. (In Re Sage Enterprises, Inc.)

MEMORANDUM OPINION

SUSAN PIERSON SONDERBY, Bankruptcy Judge.

This matter comes before the court on the Amended Complaint of Horace D. Fox, as Trustee (the “Trustee”) of the Chapter 7 estate of Sage Enterprises, Inc. (“Sage”), against Defendant Continental Airlines, Inc. (“Continental”). The complaint was brought as against Continental in two counts, 1 the first of which sounded in breach of contract and sought judgment in the amount of $2,510,385.25, 2 plus prejudgment interest and court costs. As to Count II, which sought the same amount but sounded in account stated, the court previously…