John Suayan, Galveston Bureau Apr. 12, 2013, 4:22pm

GALVESTON - A recent lawsuit over an alleged $90,000 debt between two businesses has been disposed.

Court records show H&E Equipment Services Inc. filed a motion to non-suit Texas International Terminals Ltd. on March 21.

The move comes a month after H&E launched the litigation in state district court to recover $90,718.35 from Texas International for work done on the latter's Manitowoc Crane.

According to the plaintiff, it performed the repairs in question between September and October of last year and subsequently issued an invoice dated Oct. 22, 2012, to which the defendant “failed and refused to pay, and continues to fail and refuses to pay” as of two months ago.

“Texas International knew, or should have known, that the repairs were provided in anticipation of compensation, and were not furnish gratuitously,” the original petition says.

It further asserts that the respondent's apparent refusal to honor the debt violates an agreement between the two companies.

Texas International did not provide an original answer to the allegations.

The 2-page motion says H&E has resolved the matters which made up the suit and "no longer desires" to pursue damages.

An order from Galveston County 405th District Court Judge Michelle Slaughter has yet to be signed.

Case No. 13-CV-270

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