ARK Sand Co. Inc. seeks declaration regarding sand pit lease

By Philip Gonzales | Oct 10, 2017

GALVESTON – A Hallettsville corporation is seeking declaration regarding a written lease with an allegedly forged signature.

ARK Sand Co. Inc. filed a complaint on Sept. 12 in the Galveston County District Court against Bradley Demolition & Construction LLC alleging fraud.

According to the complaint, the plaintiff is the owner of real property in Hitchcock that is operated as a sand pit. The suit states in April 2012, the plaintiff and defendant entered into an oral agreement for the defendant to lease and operated the sand pit for a term of five years. The suit states the defendant's president sent a proposed written lease to the plaintiff's president that included a provision of a 10-year term, but that it was never signed.

The plaintiff alleges that the defendant approached it in May regarding the renewal of the lease and sent in August a copy of a written contract with a forged signature of the plaintiff's president.

The plaintiff is seeking declaration that the contract does not have the signature of its president and that the defendant has no right of possession to the sand pit.

The plaintiff seeks actual damages of $250,000, exemplary damages, attorney’s fees, costs and such other relief to which the plaintiff may be justly entitled. It is represented by Kyle L. Dickson and Clay J. Heald of Murray | Lobb PLLC in Houston.

Galveston County District Court case number CV-0079613

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Galveston County District Court Murray | Lobb, PLLC

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