City files suit seeking more than $40K against former restaurant

Kelly Holleran Feb. 25, 2013, 4:20pm

The city of Beaumont alleges a restaurant has failed to repay more than $40,000 in money it borrowed from the city. 

The city filed a lawsuit Feb. 13 in Jefferson County District Court against Epicurean Empire, doing business as Carlo’s Italian and Greek Cuisine, Nicholas A. Sartori and Jacques R. Gagne.

In its complaint, Beaumont alleges it lent $50,000 to Epricurean on Sept. 10, 1997. In exchange, Epicurean agreed to repay the principal, plus 6.5 percent interest rate over a period of 180 months, according to the complaint.

Although Epicurean made some of the payments required under the terms of the promissory note, it eventually defaulted on the loan, the suit states.

“As of February 7, 2013, Epicurean Empire had defaulted under the terms of the promissory note and, after adjusting for all offsets, payments and credits, owed the city $30,440.76 in principal and $11,389.42 in interest for a total of $41,830.18 under the promissory note,” the complaint says.

In addition to Epricurean Empire, Beaumont names Sartori and Gagne as defendants, saying they promised to repay the money if Epricurean defaulted on the note. However, they have failed to do so, according to the complaint.

Beaumont alleges breach of contract against the defendants.

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

Quentin D. Price of Beaumont will be representing it.

Judge Donald Floyd, 172nd District Court, has been assigned to the case.

Case No. E193-937

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