Defendant asserts property conveyed not adequately described in debt suit

David Yates Mar. 22, 2012, 8:58am

A company accused of not paying the bill for goods received is asserting that the plaintiff's lawsuit fails to adequately describe the property conveyed.

As previously reported, Swati Enterprises filed suit against Mansehra Inc. on Jan. 17 in Jefferson County District Court, alleging the company owes more than $27,000 on a delinquent account.

Two months later, Mansehra filed an amended and answer and special exceptions, stating that Swati's original petition "fails to adequately describe in detail the personal property allegedly conveyed, the quantity of said property, and the dates when the alleged property was conveyed."

The suit alleges that from July 14, 2010, to Jan. 27, 2011, Swati provided petroleum fuel products to Mansehra. The amount owing on the account is $27,918,89.

Mansehra also asserts Swati's suit fails to allege that a systematic record was kept with dates of sale, services, charges, credits and descriptions of the items.

The defendant further claims the plaintiff inflated the amount owed and asks that the plaintiff take nothing, court papers say.

The plaintiff is suing for actual damages and all courts costs.

Port Arthur attorney Carl Parker represents it.

Beaumont attorney Eric Laskowski represents the defendant.

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

Case No. A191-664

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