Suit follows after cigar sales contract goes up in smoke

Kelly Holleran Jun. 25, 2011, 10:46am

A Beaumont wholesale outlet claims a cigar company failed to repay it money it spent on cigar products in violation of a sales contract agreement.

Starco Impex, doing business as Wholesale Outlet, filed a lawsuit June 16 in Jefferson County District Court against Bogey Cigars.

In its complaint, Starco claims it entered into an exclusive distribution contract with Bogey Cigars in March 2010.

"The Distribution Agreement provided that Plaintiff would purchase, promote and sell said products obtained from Defendant, which Defendant would be obligated to pay Plaintiff for," the suit states.

However, Bogey suddenly backed out of the agreement on Feb. 23, without providing a good explanation, the complaint says.

"Plaintiff has made demand upon Defendant to refund monies paid and/or advanced by Plaintiff in furtherance of the Distribution Agreement," the suit states. "These include but are not limited to approximately $125,884.71 in product; $19,575 in slotting fees paid to promote the Defendant's product; and $5,000 paid in a trade show to promote Defendant's product."

Although Starco claims it provided the cigar company with the damages it incurred as a result of the breached contract, Starco claims it has not received payment.

In its complaint, Starco seeks actual damages, plus pre- and post-judgment interest, attorney's fees, costs and other relief the court deems just.

John Werner of Reaud, Morgan and Quinn in Beaumont will be representing him.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A190-307

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