$136K judgment entered in breach of contract case

By David Yates | Oct 17, 2013

A fuel seller has been awarded more than $136,000 in its suit against the owners of a gas station that it claims failed to pay for gas supplies.

According to the complaint filed Jan. 30 in Jefferson County District Court, PetroTex Fuels alleges it entered into an agreement with defendants I&R Corp., doing business as Super Stop No. 15, Saif Moosa, Rizwan Moosa, Irfan Moosa and Syed Wasim Aktar in May 2009.

Court records show a final judgment was entered on Aug. 12, awarding PetroTex $126,621.85 in breach of contract damages and $9,807.69 in attorney’s fees.

In the agreement, Petrotex agreed to supply the defendants with motor vehicle fuel for 10 years with an automatic renewal for two additional five-year terms. The defendants also promised to purchase at least 75,000 gallons per month, which would be supplied on credit.

After PetroTex delivered the requested amount of fuel to the defendants on Nov. 23, it attempted to electronically withdraw the money from the defendants’ bank account in December, the suit states. Even though the defendants had sold the gas, there were insufficient funds in the account, the complaint says.

In January, Super Stop No. 15 was shut down, PetroTex claims.

“Following the fuel theft, several of the defendants, including Syed Wasim Aktar, made representations to PetroTex concerning payments which were false,” the suit states. “In short, defendants obtained fuel under false pretenses, sold it, kept the funds and refused to pay for the fuel.”

PetroTex alleged breach of contract and conversion against the defendants.

Greg M. Dykeman and Stacie L. Augustine of Strong, Pipkin, Bissell & Ledyard LLP in Beaumont represents it.

Judge Donald Floyd, 172nd District Court, is assigned to the case.

Case No. E193-874

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