Breach of contract trial between homebuilders begins

David Yates Jan. 19, 2011, 4:24am

Jury selection in a breach of contract case between two homebuilders began Tuesday, Jan. 18.

T&R Partners filed suit against Johnny Casmore Builders on Jan. 13, 2009, in Jefferson County District Court, alleging Casmore refuses to return more than $40,000 to T&R for a sale of a home.

Court records show that on Sept. 21, 2006, Casmore and T&R entered into a contract for the construction of 17 houses on T&R's lots in the Stone Gate Subdivision in Port Arthur.

The contract stated that Casmore would construct a home not exceeding $52 per square foot and when the house sold the builder would be paid $8,000.

On June 11, 2008, a home sold for $164,800 for a profit of $49,069.53. A check in that amount was written to Casmore but instead of taking the $8,000 builder fee and returning the remainder to T&R, "Casmore simply kept the money for no reason and refused to pay plaintiff," court papers say.

T&R alleges Casmore breached its contract and will ask jurors to award the company actual and consequential damages.

Casmore maintains T&R has failed to take into account the extra work it performed on the home, according to the company's original answer, filed by Johnny Casmore Jr.

Houston attorney Richard Schechter represents T&R.

Judge Donald Floyd, 172nd District Court, is presiding over the trial.

Case No. E183-016

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