Houston oral surgeon alleges contract regarding purchase of practice was breached

By Kristine Gonzales-Abella | Dec 31, 2018

HOUSTON – An oral and maxillofacial surgeon in Houston alleges the buyers of his practice failed to make payments as outlined in a contract.

Dr. Donald F. Cohen DDS and Dr. Donald F. Cohen DDS Inc. filed a complaint on Dec. 3 in the Harris County District Court against LaErrol Johnson DDS, et al. alleging breach of contract and other counts.

According to the complaint, the plaintiffs allege that on Aug. 1, 2017, Dr. Donald F. Cohen DDS and Dr. Donald F. Cohen DDS Inc. agreed to sell to the defendants certain assets of plaintiffs' dental practice for $250,000 and 50 percent of the profits and $12,500 salary per month for two years after the transfer. 

The plaintiffs allege the defendants have failed to pay them and took "zero initiative" to establish normal and customary business mechanisms.

The plaintiffs hold LaErrol Johnson DDS, et al. responsible because the defendants allegedly breached the contract by failing to pay the payments.

The plaintiffs request a trial by jury and seek a decree that the entity Donald F. Cohen DDS Inc. is solely owned by Cohen and that at no time have the defendants owned any interest in Donald F. Cohen DDS Inc., and award for actual damages, attorney's fees, interest and such other and further relief to which plaintiffs are justly entitled. They are represented by Andrew M. Scott of Cordon & Rees LLP in Houston.

Harris County District Court case number 2018-85843

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Gordon and Rees LLP Harris County District Court

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