Lawsuit shows La Porte man was not provided new engine as promised

John Suayan, Galveston Bureau Oct. 7, 2013, 10:49am

GALVESTON - La Porte resident Steve Jacks alleges Victory Marine LLC failed to provide him a new engine, recent court documents say.

A lawsuit filed Oct. 4 in Galveston County District Court shows Jacks and the defendant entered into an oral agreement on July 4, 2011, calling for the latter to replace an engine in Jacks's boat in exchange for $6,000.

Jacks insists he fulfilled his contractual obligations while the respondent failed to perform theirs.

"The defendant made affirmations of fact and promises which amounted to an express warranty that a new engine had been installed in the plaintiff's boat and that its satisfactory performance was guaranteed for six months," the original petition says.

"The express warranty was false in that no new engine was installed in that said boat and the boat failed to perform when tested by the plaintiff."

According to the suit, Victory Marine also failed to protect the vessel from the weather while it was in its possession, "resulting in damage to the seats and other fixtures within the boat."

Consequently, the claimant seeks $14,300 in damages.

Attorney J.B. Williamson of La Porte is representing Jacks, and Galveston County 212th District Court Judge Susan Criss is presiding over the litigation.

Case No. 13-CV-1275

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