week5 contract law

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©2012 South University

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

FLOUR IS US

v.

CLARENCE’S BAKERY

§ § § § § § CIVIL ACTION NO. H-11-19438 § § § § § §

PLAINTIFF’S ORIGINAL COMPLAINT

Plaintiff, FLOUR IS US, complains of CLARENCE’S BAKERY, and for causes of action shows the following:

I. PARTIES

A. Plaintiff, Flour Is Us, is a company incorporated under the laws of the state of Texas with its principal place of business in Houston, Harris County, Texas.

B. Defendant, Clarence’s Bakery, is a company incorporated under the laws of the state of Texas with its principal place of business in Houston, Harris County, Texas.

II. JURISDICTION & VENUE

C. Jurisdiction is proper in this court as all of the incidents that are complained of in this suit all occurred in Houston, Texas. Furthermore, the parties agreed by contract to submit to the jurisdiction of this court.

D. Venue is proper in this court as the parties agreed to submit these claims to this court and to submit this venue.

III. RELEVANT FACTS

E. In January, 2010, the parties contracted for the delivery of goods to Clarence’s Bakery. According to the terms of the contract, Clarence’s Bakery was to pay Plaintiff $100 per

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©2012 South University

week for the purchase of goods delivered by Flour Is Us, billed automatically each week to Clarence’s Bakery.

F. As part of the contract, Clarence’s Bakery agreed to exclusively purchase its flour from Flour Is Us for a period of two years. Clarence’s Bakery agreed to pay $10,400.00 for the purchase of flour over the course of two years.

G. In January, 2011, Clarence’s Bakery contacted Flour Is Us to cancel its delivery of flour. Flour Is Us sent a bill to Clarence’s Bakery for $100 for the week that Clarence’s Bakery cancelled its delivery. Clarence’s Bakery refused to pay the bill. Since January, 2011, Flour Is Us has sent a bill to Clarence’s Bakery in its usual custom and practice.

H. On May 27, 2011, Flour Is Us sent a demand letter to Clarence’s Bakery demanding the remainder of the sums under the contract: $5,200.00 plus costs and attorney’s fees for collection under the contract. To date, Clarence’s Bakery has refused to pay these sums.

IV. CAUSE OF ACTION

I. Defendant breached its contract with Flour Is Us by failing to pay the sums due under the contract. Clarence’s Bakery was to pay $100 per week for two years since the inception of the contract, regardless of delivery.

J. Plaintiff has made demand under the contract and all necessary prerequisites to the suit have been performed prior to filing of this suit.

V. DAMAGES

K. Defendant’s failure to pay under the terms of the contract has caused damages under the contract in the amount of $5,200.00 and interest.

VI. ATTORNEY’S FEES

L. Plaintiff demands that Defendant pay Plaintiff’s attorney’s fees and costs as agreed to under the terms of the parties’ contract.

VII. JURY DEMAND

L. Plaintiff demands a trial by jury and has paid the appropriate jury fees with the filing of this suit.

VIII. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff PRAYS that this court grant it the following relief:

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©2012 South University

A. Order Defendant to pay all amounts due under the remainder of the contract;

B. Order Defendant to pay attorney’s fees and costs of this suit;

C. Order all further relief in equity or in law to which Plaintiff may be entitled.

Respectfully Submitted,

Lawyer & Lawyer, LLC

/s/ A. Tourney . A. Tourney TBN: 13691248 FBN: 421846 100 Main Street, Suite 100 Houston, Texas 77002 Telephone: 713-555-1000 Telecopier: 713-555-1001