Case over unpaid equipment lease settles on date of trial

David Yates Mar. 14, 2011, 11:31am

A two-year-old suit over unpaid lease equipment settled on March 14 � the day the parties were so supposed to go to trial.

As previously reported, in October 2008 McCown Paint and Supply of Texas filed a breach of contract complaint against Darrell Cunningham, owner of the Lumberton business Cunningham's Collision and Customs, alleging he failed to pay a monthly lease amount for equipment.

In his suit, McCown claims Cunningham agreed to pay a lease amount of $1,159.28 on a monthly basis until the end of the lease term.

According to the complaint, McCown had the option to purchase the equipment for $1 at the end of the lease term. But Cunningham failed to make payments to McCown.

"In addition, Plaintiff furnished parts and equipment to Defendant to maintain the leased equipment though not required to do so," the suit states.

The amount of the settlement was not disclosed.

McCown was seeking actual and consequential damages.

He was represented by Daniel D. Clayton of Beaumont.

Case No. D182-586

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