Kelly Holleran Sep. 16, 2013, 12:55pm

A company claims it lost more than $90,000 in profits after another company failed to supply it with appropriate equipment.

Mabry Acquisition Co. filed a lawsuit Sept. 4 in Jefferson County District Court against Humphrey Pattern Works.

In its complaint, Mabry alleges it ordered one two-impression Hunter 32 match plate and two aluminum core boxes from Humphrey. Mabry agreed to pay $11,000 for the equipment and paid $5,500 when it ordered the materials, according to the complaint.

When Mabry received the equipment, however, it did not match the company’s order, the suit states.

“Defendant breached the contract by delivering a Hunter 32 match plate that did not conform to plaintiff’s layout,” the complaint says. “Further, defendant delivered two core boxes made from a material other than aluminum.”

As a result, Mabry claims it is unable to use the equipment and must order the materials from another vendor.

Mabry alleges breach of contract against Humphrey, saying it caused Mabry to incur losses of $100,000 or less.

“Plaintiff’s damages include but are not limited to the $5,500 plaintiff paid to defendant at the time plaintiff entered into a contract with defendant plus the amount of sales and profit plaintiff lost because defendant failed to produce pattern equipment specified by plaintiff,” the suit states.

In its complaint, Mabry is seeking a judgment of $100,000 or less, plus attorneys’ fees, costs, pre- and post-judgment interest at the highest legal rate and other relief the court deems just.

Daniel E. Mabry of Strong, Pipkin, Bissell and Ledyard in Beaumont will be representing it.

Case No. A194-705

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