Jury selection in a breach of contract case between two homebuilders began Tuesday, Jan. 18.
T&R Partners filed suit against Johnny Casmore Builders on Jan. 13, 2009, in Jefferson County District Court, alleging Casmore refuses to return more than $40,000 to T&R for a sale of a home.
Court records show that on Sept. 21, 2006, Casmore and T&R entered into a contract for the construction of 17 houses on T&R's lots in the Stone Gate Subdivision in Port Arthur.
The contract stated that Casmore would construct a home not exceeding $52 per square foot and when the house sold the builder would be paid $8,000.
On June 11, 2008, a home sold for $164,800 for a profit of $49,069.53. A check in that amount was written to Casmore but instead of taking the $8,000 builder fee and returning the remainder to T&R, "Casmore simply kept the money for no reason and refused to pay plaintiff," court papers say.
T&R alleges Casmore breached its contract and will ask jurors to award the company actual and consequential damages.
Casmore maintains T&R has failed to take into account the extra work it performed on the home, according to the company's original answer, filed by Johnny Casmore Jr.
Houston attorney Richard Schechter represents T&R.
Judge Donald Floyd, 172nd District Court, is presiding over the trial.
Case No. E183-016