beaumont breach of contract lawsuit

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					                                    CAUSE NO. A176053

Monroe Motors, Inc.                                  §         IN THE DISTRICT COURT OF
                                                     §        JEFFERSON COUNTY, TEXAS
VS.                                                  §
                                                     §
Taylorcraft Aviation, Inc.                           §        ________ JUDICIAL DISTRICT
                                                     §



                             PLAINTIFF’S ORIGINAL PETITION

COMES NOW, Monroe Motors, Inc., hereinafter referred to as “Plantiff”, complaining of
Taylorcraft Aviation, Inc., hereinafter referred to as “Defendant”, and files this Original
Petition and for cause action would show unto this Honorable Court:

                                                I.

Defendant, Taylorcraft Aviation, Inc., is a Texas corporation and may be served by serving
its President, Harry Ingram, at 2045 Les Maulden, Brownsville, Texas 78521.

                                               II.

Plaintiff intends to conduct discovery in this proceeding under Level 2 of § 190 of the Texas
rules of Civil Procedure.

                                               III.

Plaintiff alleges that jurisdiction and venue of this suit are proper in Jefferson County, Texas,
on the grounds that this suit arises from a breach of contract by Defendant which was formed
and entered into, in whole or in part, in Jefferson County, Texas, pursuant to course of
dealings between Plaintiff and Defendant. Without limiting the generality of the foregoing,
the initial payments made by Plaintiff to Defendant for which Plaintiff herein sues to recover
were initiated from Plaintiff’s offices in Beaumont, Jefferson County, Texas, and were sent
by wire transfer from Plaintiff’s bank located in Beaumont, Jefferson County, Texas.

                                               IV.

This lawsuit is filed to recover damages incurred as a result of a breach of contract.
Specifically, on or about July 15, 2004, Plaintiff entered into a contract with Defendant to
purchase a new airplane. Plaintiff made a deposit with Defendant in the amount of $43,000
in order to place the order for the new airplane. Defendant was to manufacture and deliver
the new airplane to Plaintiff by December, 2004. However, Defendant failed to timely
manufacture and deliver the airplane. Because of Defendant’s failure to timely deliver the
airplane, by letter dated March 28, 2005, Plaintiff’s attorneys sent written notice to
Defendant advising that it was a breach of contract and therefore Plaintiff was canceling the
contract and Plaintiff made demand that Defendant return and refund to Plaintiff the $43,000
previously deposited with it. In response to such demand, Defendant’s President, Harry
Ingram, spoke to Plaintiff’s attorney and advised him that he acknowledged that Defendant
had failed to timely deliver the airplane to Plaintiff, and he promised that Defendant would
refund the $43,000 to Plaintiff. However, despite such promise, Defendant failed and
refused and continues to fail and refuse to refund the $43,000 to Plaintiff, and Plaintiff files
this suit to recover the $43,000 from Defendant.

                                               V.

Defendant’s default has made it necessary for Plaintiff to engage the undersigned attorney
and agree to pay the attorney a reasonable fee, for which Plaintiff hereby sues to recover
from Defendant. A reasonable fee for the attorney’s services rendered and to be rendered is
as least $5,000.

                                           PRAYER

Plaintiff prays that Defendant be cited to appear and answer herein; Plaintiff be granted
judgment for $43,000.00 as damages for Defendant’s breach of contract; Plaintiff be granted
judgment for attorney’s fees and expenses of at least $5,000; Plaintiff be granted judgment
for prejudgment and postjudgment interest at the maximum rate allowed by law; and Plaintiff
be granted such other and further relief, special or general, legal or equitable, as Plaintiff may
be shown to be justly entitled to receive.


                                                      Respectfully submitted,

                                                      ORGAIN, BELL & TUCKER, L.L.P.
                                                      P.O. Box 1751
                                                      470 Orleans Street
                                                      Beaumont, Texas 77701
                                                      (409) 838-6412
                                                      (409) 838-6959 – Fax

                                                      By:     Lance Fox
                                                              State Bar No. 07334850

                                                      ATTORNEYS FOR PLANTIFF,
                                                      Monroe Motors, Inc.

				
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