Knife River Corp. is seeking summary judgment in its suit against Speedy Stop Food Stores, arguing that the evidence shows that goods were provided but not paid for.
As previously reported, the suit was filed Sept. 27 in Jefferson County District Court.
Court records show the plaintiff filed its motion for summary judgment on Oct. 31, contending it is entitled to summary judgment as a matter of law because there is not genuine issue as to any material fact concerning owner’s liability to plaintiff.
The lawsuit alleges that Knife River sold B&B Concrete, a contractor, merchandise and materials to improve property owned by Speedy Stop.
“After all just and lawful offsets, credits and payments have been applied, there is a balance due and owing … of $3,692.27,” the suit states. “After demand, defendant failed to pay plaintiff the balance which it is owed.”
Knife River says in its suit that it has performed all conditions required under the contract.
Beaumont attorney Bill Richey of Griffin & Matthews represents the company.
Judge Donald Floyd, 172nd District Court, is assigned to the case.
Case No. E193-226