Bench trial requested in breach of contract suit

David Yates Nov. 17, 2011, 3:42am

A trucking company has requested a bench trial in its suit against a contractor that allegedly did not pay for dirt supplied for a school construction project.

As previously reported, LSJ Trucking sued Boyette Construction last June, claiming Boyette hired it to provide dirt for the West Orange-Cove Independent School District elementary school construction project in Orange.

On Aug. 22, LSJ attorney Bruce Gregory sent a letter to the court requesting that the case be placed on the first available non-jury trial docket.

As of Nov. 16, no further action in the case is shown in the court record.

According to the suit, after providing the dirt, LSJ sent Boyette invoices totaling $48,487 for materials it delivered to the work site in November 2008.

However, Boyette has still not paid for the materials, the suit states.

LSJ is seeking a judgment for breach of contract, plus pre- and post-judgment interest, attorney's fees, costs and other relief to which it may be entitled.

Judge Donald Floyd, 172nd District Court, is presiding over the case.

Case No. E187-172

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