Supply company sues to collect debt

Kelly Holleran Jul. 12, 2010, 5:39am

A supply company has filed suit against a Jefferson County company, alleging it failed to pay off more than $45,000 worth of debt.

Epma Corp., doing business as Johnstone Supply of Houston, filed a lawsuit June 24 in Jefferson County District Court against Rutty and Morris, Chad W. Rutty and Joseph S. Morris.

Epma claims Chad W. Rutty and Joseph S. Morris completed a credit application with it so Rutty and Morris could purchase various air conditioning, heating and refrigeration equipment.

The defendants continued to purchase equipment from Epma for a number of years and made full payments for the materials, according to the complaint.

"However, between June of 2009 and May of 2010, Defendant Rutty and Morris made various purchases of goods, products, materials, equipment and/or services and returned various products thereby incurring service charges and/or restocking charges, without payment of the associated indebtedness to Johnstone Supply," the suit states.

Epma claims the defendants owe it $47,437.86, plus service charges, interest and late charges, the complaint says.

Epma alleges breach of contract, unjust enrichment and promissory estoppel against the defendants.

In addtion to its actual damages, Epma is seeking attorney's fees, costs, contractual interest, pre- and post-judgment interest and other relief the court deems just.

S. Lloyd Neal III of Dunn, Neal and Gerger in Houston will be representing it.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Jefferson County District Court case number: D187-130.

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