Ask any Dallas Cowboys fan, they'll tell you they'd gladly sell the shirt of their back for tickets when the New York Giants come to town.
Joe and Ashley Fisher didn't sell their shirts, but they did spend more than a grand for tickets last season Ã¯Â¿Â½ tickets the couple alleges that never made their way into their possession.
The Fishers filed suit against John Landry and his business, Landry's Tickets, on May 18 in Jefferson County District Court.
According to the suit, on July 6, 2008, the Fishers spent $1,255.70 on tickets for the Dec. 14, 2008, Cowboys and Giants game. Landry Tickets was supposed to ship the tickets two weeks prior to the event.
However, the tickets were never delivered, and the defendant refused to return the couple's phone calls, court papers say.
"The tickets were a gift to Mrs. Fisher's son for receiving a good report card," the suit states. "This was supposed to be a special event to be attended by a mother and son to watch a game at the old 'Texas Stadium,' which can never happen due to the grand opening of 'Jerry World.'"
Jerry World is the new home of the Dallas Cowboys.
The Fishers allege the defendant is liable under Texas' Deceptive Trade Practices Act and are suing for exemplary, actual and consequential damages.
Plaintiffs' attorney Ed Fisher of Provost Umphrey expanded the football theme with the wording of the suit. For example, he refers to the allegations against the defendants as "downs" instead of "counts."
In first down, the plaintiffs allege the defendant is guilty of civil conversion. Second down faults the defendant for breach of contract. Third down alleges the defendant is guilty of misrepresentation.
And finally, fourth down accuses the defendant of fraud.
The case has been assigned to Judge Donald Floyd, 172nd Judicial District.
Case No. E184-109