Industrial services partnership subject of lawsuit

Kelly Holleran Jun. 13, 2011, 4:26am

A Jefferson County man claims the owner of a waste disposal company stole $75,000 by enticing him into a partnership that never came to fruition.

Michael Carter filed a lawsuit May 31 in Jefferson County District Court against Kirby Wade Honeycutt as president and CEO of C&C Industrial Services and as governing person of Andrews County Waste Disposal, Mannboys Investments, Robert Mann Jr. and Edward Mann as managers of Andrews County Waste Disposal and C&C Industrial Services.

In his complaint, Carter alleges Honeycutt approached him about a partnership deal. In return for Carter providing Honeycutt with $75,000, Honeycutt agreed to allow Carter a 50 percent ownership interest in C&C Industrial Services, according to the complaint.

In addition, Carter was to receive 5 percent of any current oil revenues from Andrews County Waste Disposal and 50 percent of any future oil ventures, the suit states.

In January 2010, Carter agreed to the deal and paid Honeycutt $75,000, the complaint says. However, Honeycutt thereafter refused to sign a formal agreement, failed to provide the Secretary of State about Carter's new stake in ownership of C&C and began to deny in November that Carter owned any part of the company, according to Carter's allegations.

"Honeycutt has refused to return the $75,000 to Carter," the suit states. "Carter received only one payment of $1,000 from Andrews and was not paid $2,000 for the last two weeks he actively provided services to C&C."

In his complaint, Carter alleges breach of contract, breach of fiduciary duty, unjust enrichment, conversion/theft, fraud/fraudulent inducement and aiding and abetting against the defendants.

Because of the defendants' actions, Carter has suffered mental anguish and emotional distress, the complaint says.

In his complaint, Carter seeks actual, consequential and exemplary damages, plus pre- and post-judgment interest, costs and other relief the court deems just.

Greg M. Dykeman and Martha R. Campbell of Strong, Pipkin, Bissell and Ledyard in Beaumont will be representing him.

Case No. A190-149

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