LUFKIN — A Texas wrecker service is suing Canadian tow truck business, alleging misrepresentation of a towing unit it purchased.
Due’s Wrecker Service of Lufkin filed a lawsuit Jan. 29 in the Lufkin Division of the Eastern District of Texas against Metro Tow Trucks (Canada) Ltd., alleging breach of contract, breach of warranty, fraud, and violations of the Texas Deceptive Trade Practices Act (TDTPA).
According to the complaint, on April 27, 2015, Due’s Wrecker Service purchased a detachable towing unit, a 2015 MDTU-20, from Metro Tow, and upon purchase, the parties entered into a contract stating the plaintiff would pay $39,300 in exchange for the defendant delivering the towing unit.
The suit says the defendant represented the unit as “brand new” and “complete and ready to work.” The plaintiff states the towing unit did not conform to the specifications and qualities that were promised.
The lawsuit states Metro Tow promoted the towing unit in such a way that constitutes fraud and a breach of contract.
Due’s Wrecker Service seeks full damages, including actual, restitution, expectation and reliance damages, court costs, interest and attorney fees. It is represented by attorneys Kirk Mathis and George Chandler of Chandler Law Offices in Lufkin.
Lufkin Division of the Eastern District of Texas Case number 9:16-cv-00013