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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