Agreed take-nothing judgment reached in contract dispute suit

David Yates Feb. 23, 2011, 3:34am

In May 2009, Jasper County resident John Mckinney sued Performance Blasting and Coating, a Beaumont business, for breaching an employment contract.

On Dec. 17 the two parties announced that the dispute had been compromised and settled, filing a final agreed take-nothing judgment in Jefferson County District Court.

Judge Donald Floyd, 172nd District Court, had approved the judgment a week earlier, ordering that Mckinney take nothing from Performance Blasting, court records show.

In his suit, McKinney says he signed an employment contract with Performance Blasting, which the company allegedly breached.

Although McKinney does not specify how Performance breached the contract, he does say the company is guilty of violating the Deceptive Trade Practices Act, quantum meruit negligence, negligent misrepresentation and breach of warranty.

McKinney was seeking actual damages, three times the amount of his actual damages, punitive damages, and attorney's fees.

John P. Cowart of Moore Landrey in Austin represented him.

Attorney Matthew Marchack represented Performance Blasting.

Case No. E184-115

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