Computer company sues over failure to pay for furniture

By John Suayan, Galveston Bureau | Aug 6, 2011

GALVESTON - Computer Comforts Inc. alleges Covington Office Solutions, Covington Office Products Inc., Anthony Covington and David Pollitt owe it approximately $50,000 for computer furniture purchased last year.

In a lawsuit filed July 25 in Galveston County District Court, Computer Comforts insists it fulfilled its contractual obligations in connection with a transaction conducted on Aug. 3, 2010, for $50,503.80, but the respondents refuse to tender the subject amount in full.

Recent court documents show the plaintiff, at the request of the defendants, sent a written quote for the sale of computer furniture that included a description of the goods, the quantity of the goods, the price of the goods, the lead time for delivery, the fact that the furniture was to be sent assembled and the terms of payment stated as "Net 10".

The respondents, in turn, forwarded a purchase order that conformed to the claimant's quote on the description of the goods, the quantity of the goods and the price of the goods in September 2010.

Computer Comforts says it adhered to the agreement by delivering the goods in question at the time and location specified by the defendants in their purchase order.

An invoice that matched the complainant's figures and the defendants' order was sent to the respondents in November 2010.

The suit says the customers, however, did not make payments under the "Net 10" terms of the contract and averred that they would pay in full after receiving payment from their client, St. Joseph's University in Philadelphia.

It further explains that defendant Pollitt, the chief financial officer for Covington Office Solutions, notified the plaintiff that the companies would pay off the debt through weekly installments and that "it would not take the full 10 weeks" to complete.

Computer Comforts says the defendants tried to make a payment in the amount of $5,503.80 only to have it refused since said payment "was contrary to (its) policy and the terms of the agreement", adding no additional amounts were remitted toward the balance.

Epperson Law Firm, P.C. is representing Computer Comforts, and Galveston County 212th District Court Judge Susan Criss is presiding over the case.

Case No. 11-cv-1203

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