GALVESTON - A Houston catering business is suing a Florida amusement park ride construction company in Galveston County District Court for failing to tend to an erroneous order.

Inn at the Ballpark Catering Inc.'s contractual lawsuit says Martin & Vleminckx Rides LLC delivered a ride that did not match the plaintiff's plans, drawings, and specifications.

The suit was filed Aug. 27.

Court papers show Inn at the Ballpark Catering and Martin & Vleminckx Rides entered into a contract for the ride in question in April 2006.

Both parties consented to visualizations and criteria by which Martin & Vleminckx Rides was to adhere, according to the complaint.

"In exchange for plaintiff's payment of the purchase price, the defendant promised and warranted to deliver the project constructed according to the plans, drawings and specifications agreed upon by the parties and that it would be fit for the purpose intended," the original petition states.

The plaintiff claims it was assured good workmanship and
free repairs in the event any defect is detected in the work, but received neither.

"After accepting delivery of the project, the plaintiff discovered that the defendant's work and materials.....was not fit as required," the suit says.

It adds Inn at the Ballpark Catering gave Martin & Vleminckx Rides timely notice of the mistake and demanded the defendant honor its warranty to repair and replace the problems pursuant of the agreement to no avail.

"The defendant has failed and refused to do so," the suit says. "As a result, the plaintiff has been forced to cover and has incurred and/or will incur damages as a result of the defendant's failures."

Represented by Sheehy, Ware & Pappas PC, Inn at the Ballpark Catering seeks attorney's fees.

Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.

Case No. 09CV1566

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