Equipment rental company wins default judgment

By John Suayan, Galveston Bureau | Dec 13, 2011

GALVESTON - Hunter Heavy Equipment Inc. recently won its case against Forbes Construction Inc.

Galveston County Court at Law No. 1 Judge John Grady signed and entered a default judgment in favor of Hunter on Nov. 8, disposing the seven-month lawsuit.

Hunter sued Forbes last April in an effort to recoup approximately $14,000 for the defendant's use of a crane.

Court papers filed at the time allege Forbes rented a C-137 50-ton crane, but failed and refused to pay the plaintiff $13,728.26.

Both parties entered an agreement last year for rental of the equipment at $6,000 per month.

The agreement was for a rental period from June 23 to Aug. 6, 2010.

The original petition contends Forbes "has breached its contract with the plaintiff in that the defendant has failed to meet its contractual responsibility by failing to pay the rental on said equipment in accordance with the terms of the rental agreement and as a result of said breach of contract is liable to the plaintiff in the amount of $13,728.26."

The defendant did not provide an original answer to the allegations.

Grady awarded the default judgment to the complainant on the grounds Forbes "wholly failed to appear and answer and whole made default."

He orders the respondent to pay Hunter the disputed amount of $13,728.26, pre-judgment interest in the amount of $823.70, costs in the amount of $301 and attorney fees in the amount of $1,000 as well as interest from the date of judgment at the rate of 6 percent.

Cause No. 65,119

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