$50K debt subject of lawsuit

John Suayan, Galveston Bureau Oct. 31, 2011, 8:44am

GALVESTON - GOES Sales of Texas Inc. has filed suit against Allied Air Texas Inc. and Insurors Indemnity Co. to recoup a $50,000 debt.

According to a lawsuit filed Oct. 18 in Galveston County District Court, the defendants owe the plaintiff $51,906 for equipment and materials in connection with a boiler replacement project at a Texas Department of Corrections facility in Dickinson.

Court papers show Allied Air Texas first bought the equipment and materials from GOES Sales and agreed to pay the usual and customary price for them, however, it "has failed to pay the plaintiff for those goods."

"In the alternative, the plaintiff furnished valuable equipment and materials to Allied Air Texas, which knowingly accepted and used them under circumstances in which Allied Air Texas should have known that the plaintiff expected to be paid for the equipment and materials," the original petition says.

Meanwhile, the plaintiff turned to Insurors Indemnity, the surety on the payment and performance bonds furnished by Allied Air Texas for the project, in response to the alleged debt to no avail.

The complainant also seeks attorney's fees.

It is represented by attorney Robert G. Bailey of Houston.

Galveston County 405th District Court Judge Wayne Mallia is presiding over the case.

Case No. 11-cv-1651

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