Company seeks to foreclose on Nederland property

Kelly Holleran Jun. 3, 2010, 7:36am

A Tarrant County business wants the court to allow it to foreclose on a Nederland property after it says the property's owners have failed to pay for materials.

Jimco Sales and Manufacturing filed a lawsuit May 19 in Jefferson County District Court against S&S Graphics and Construction.

Jimco claims S&S purchased from it certain materials to build a gas station canopy in October.

Jimco sold the materials under an account representing a liquidated money demand and S&S promised to repay Jimco $19,968.05 for the purchase, according to the complaint.

However, Jimco has yet to receive the money despite its delivery of the materials, the suit states.

Since S&S's failure to pay, Jimco has filed an affidavit for mechanic's and materialman's lien and says it should be entitled to foreclosure on the property, the complaint says.

In its four-count suit, Jimco seeks a judgment within the jurisdictional limits of Jefferson County District Court, plus attorneys' fees, a decree that it has a lien on the property, an order for foreclosure of its lien, an order of sale directing that proceeds from the sale be applied against the amount Jimco owes, interest, costs and other relief the court deems just.

David A. Lubin and D. Woodard Glenn of Dallas will be representing it.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Jefferson County District Court case number: B186-903.

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