Plaintiff, defendant drop lawsuit, counterclaim

David Yates Jan. 26, 2011, 7:17am

Several companies previously locked in a dispute over unpaid electric materials recently announced they wished to nonsuit all claims and counterclaims on file in their case.

In September 2009, the Southeast Texas Record reported that Colorado Electric Supply, doing business as City Electric Supply, filed suit against Warrior Electric, MDH Builders and Value Beaumont, alleging it was not paid $36,218.67 for electrical materials it supplied them.

In its suit, City Electric Supply claims it sold and delivered to defendant Warrior Electric electrical materials, labor, supplies and merchandise on credit.

Court papers show the materials were delivered from Feb. 26, 2009, through March 20, 2009, and were used to improve property located at 2375 Interstate 10 South in Beaumont owned by co-defendant Value Place.

The defendants responded to the complaint by filing a joint counterclaim on Oct. 4, 2009, court records show.

A little more than a year later, the parties announced they had reached an agreement and wished to drop all claims arising out of the litigation.

Judge Bob Wortham, 58th District Court, ordered all the parties non-suited with prejudice on Nov. 15, court records show.

The order does not include the details of the agreement reached.

John D. Herberger and Sean M. Rooney of JD Herberger and Associates in Houston represented City Electric.

The defendants and counter plaintiffs were represented by Houston attorney Sandra Williams.

Case No. A184-847

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