Tri-Con breach of contract trial starts up

David Yates May 11, 2010, 3:40am

A Beaumont petroleum product supplier seeking to recover more than $25,000 from a delinquent account will now have its day in court, as jury selection began Monday, May 10, in the trial of Tri-Con vs. CIMA Utility and Construction.

Tri-Con filed its suit on Nov. 19, 2008, in Jefferson County District Court, alleging CIMA stopped making payment on its account.

"Defendant has defaulted by failing to make the payment on (its) account after receiving plaintiff's products," the suit states. "The principal balance due plaintiff on the account is $25,738.05, plus interest occurred."

In its response to the suit, CIMA generally denied all of Tri-Con's allegations.

"Even if the allegations contained in plaintiff's petition are true, plaintiff is not entitled to recover because plaintiff committed fraud," the response states.

Tri-Con has been selling petroleum and lubricant products throughout the Southeast Texas area for 37 years, according to the company's website.

"With it's (sic) headquarters located in Beaumont Texas, the company specializes in providing competitive, reliable, and dependable fuel and lubricant supply to all of it's (sic) customers."

CIMA's website says the company specializes in wet and dry underground utility construction while providing a diverse industrial skilled labor pool, and "has been providing services in the trenching and excavation utility arena for the pass (sic) 9 years."

CIMA is represented by Danny Scott Jr., attorney at law.

Tri-Con is represented by attorney John Morgan.

Case No. E182-738

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