Restaurant operator alleges S.S. Manufacture never performed work to replace vent hood

By Kristine Gonzales-Abella | Feb 8, 2019

GALVESTON – The owner of the Tipsey Turtle restaurant is seeking the return of $3,000 he paid to a Houston man for work that allegedly was never started.

James Somerville, doing business as Shop Beach Buddies, filed a complaint on Jan. 14 in the Galveston County District Court against Jacobo Erik Orta, individually and doing business as S.S. Manufacture citing the Texas Theft Liability Act and breach of contract.

According to the complaint, the plaintiff alleges that on July 25, 2018, he contracted the defendant to replace an existing vent hood in his restaurant for $5,000. He alleges he paid $3,000 in advance to the defendant for the project and that Orta agreed work would begin on project around Aug. 1, 2018.

The plaintiff alleges the defendant failed to begin work on the project and has not responded to the plaintiff's attempts to contact him. He alleges he had to hire another contractor for the work.

The plaintiff seeks actual damages of $3,000, the return of $3,000 allegedly stolen from plaintiff and additional damages of $1,000, with interest, attorney's fees, costs and such other and further relief to which plaintiff is justly entitled. He is represented by Gerald A. Woolf of Gerald A. Woolf in Sugar Land.

Galveston County District Court case number CV-0082665

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Galveston County District Court Gerald A. Woolf

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