Maintenance company sues apartments over unpaid bill

John Suayan, Galveston Bureau Apr. 27, 2011, 12:00pm

GALVESTON � Presto Maintenance Supply Inc. has filed suit against Carriage Conversion Project LLC in an effort to recover a $2,000 debt, recent court documents say.

According to a lawsuit filed April 15 in Galveston County District Court, Carriage owes Presto $2,119.46 for goods it purchased for the Carriage House Apartments, one of its properties.

The original petition shows that Presto and Carriage had an agreement.

"The plaintiff sold the defendant goods in exchange for the defendant's agreement to pay," it says.

Presto alleges Carriage failed and refused to pay the disputed amount. The plaintiff insists it honored its part of the agreement.

"The plaintiff fully performed all conditions precedent and delivered the goods requested to the apartments in the time, manner and place as required by the parties' agreement," the suit says.

"However, the defendant has failed and refused to pay the purchase price for such goods."

It further explains that the complainant made a written demand to no avail and was prompted to file a mechanic and material man's lien affidavit on the defendant's apartment complex.

In addition to the $2,119.46 in question, Presto seeks other monetary damages, including but not limited to attorney's fees.

Attorney Dennis A. McQueen of Houston is representing the plaintiff, and Galveston County 122nd District Court Judge John Ellisor is presiding over the case.

Case No. 11-cv-0647

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