Billboard battle moves to court

David Yates Jan. 29, 2008, 8:21am

A Port Arthur advertising company claims a Groves hospital has failed to pay for a billboard it put up at a major highway intersection.

Seeking $24,800 for a past due account, Direct Advertising Inc. has filed suit against Renaissance Hospital.

According to the complaint, in 2006 Direct Advertising leased a billboard for one year to Renaissance at U.S. 69 and Texas 73. After, three months, Renaissance stopped making payments.

The suit was filed in the Jefferson County District Court on Jan. 28. The plaintiff is represented by former State Sen. Carl Parker of the Parker Law Firm.

According to the plaintiff's petition, on May 25, 2006, Direct Advertising and Renaissance entered into a contract whereby Direct Advertising agreed to furnish a billboard to Renaissance for l2 months at a rate of $2,800 per month for a total of $33,600.

"Although Defendant breached the agreement by failing to pay the charges other than three months, for which credit has been given, thereby rendering the Plaintiff unable to rent the sign or derive income from the same," the suit said.

"Plaintiff, in good faith, attempted to mitigate his damages by ultimately renting the sign to another company in February 2007, for the sum of $1,500 per month, thereby losing the difference of $1,300 for a period of four months."

The three count suit faults Renaissance with suit on sworn account, breach of contract and quantum meruit, a doctrine which imposes liability for a contract implied by law.

"Defendant made partial payments to plaintiff however, there remains a balance owing of $24,840," the suit said. "Defendant accepted the goods and services from plaintiff without compensating Plaintiff."

Direct Advertising is also suing for $2,000 in attorney's fees and all court costs.

The case has been assigned to Judge Bob Wortham, 58th Judicial District.

Case No. A181-134

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