Man says relatives failed to repay him for farming materials

Kelly Holleran Aug. 19, 2014, 12:23am

A Harris County resident claims other residents breached their contract with him and failed to abide by a partnership agreement.

Terry Turrubiartes filed a lawsuit July 30 in the Galveston County District Court against Jose Turrubiartes and Magdalena Turrubiartes. 

In his complaint, Terry Turrubiartes claims he agreed to lend the defendants $5,000. With the money, he and the defendants purchased property at 1025 Loop 108 in Port Bolivar in 1990, according to the complaint.

In return for the $5,000 loan, the defendants agreed to convey six acres of land to Terry, the suit states. However, the land has never been released, the complaint says.

In 2002, the 2,900 square foot house on the property needed a new roof. Terry agreed to provide all the materials and labor for the roof while the defendants promised to pay him back when they were in a better economic position, according to the complaint.

The defendants took advantage of this situation by manipulating the plaintiff into fixing the roof by stating they and their five children did not have any place to stay and the defendants did not have any means to fix the roof, the suit states.

That same year, the plaintiff and defendants entered into a partnership in which they planned to buy cattle, fatten them, sell them at auctions, then split the profits, the suit states. In order to help the partnership succeed, Terry bought a tractor and plow, which he used to flatten the land, then to plant Bermuda grass to feed the cattle, the complaint says. The defendants did not help pay for the cost of supplies in any way, Terry Turrubiartes claims.

In order to satisfy debts owed to the plaintiff, the defendants agreed to pay the necessities for Terry Turrubiartes’s mother and father, according to the complaint. However, they have failed to do that, the suit states.

Terry Turrubiartes alleges breach of contract, breach of implied joint venture and unjust enrichment against the defendants.

He seeks an unspecified judgment, plus pre- and post-judgment interest, costs, attorney’s fees, specific performance or the value of six acres of property and other relief the court deems just.

He is being represented by attorney Mayra Mora of Mora Law in Houston.

Galveston County District Court case number 14-cv-0805

This is a report on a civil lawsuit filed at the Galveston County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.

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