May 11, 2013
Kemah couple failed to pay landscaping business for $70K project, lawsuit says
GALVESTON – Complaining that a local couple neglected to pay for landscaping and remodeling services, AJ’s Landscaping & Design Inc. has filed a lawsuit.
Recent court papers filed May 30 in Galveston County District Court claim Kemah residents Robert and Diana Gulledge owe the plaintiff $68,751.53.
The parties entered into a contract calling for AJ’s to work on the Gulledges’s front and back yards.
Robert Gulledge told the complainant that he was a builder and expressed his desire to perform some of the services himself so the business modified its proposal.
AJ’s asserts the work, which included a pool, was done, but the respondents stopped paying it for supplies, materials and services “without legal justification or excuse.”
“The plaintiff would show that the defendants have failed to remit payment in full for all receipts as contractually required,” the original petition says.
“The plaintiff’s reliance was foreseeable by the defendants and injustice can be avoided only by enforcing the defendants’ promises.”
“The defendants are stopped from claiming no monies due or owing the plaintiff.”
A jury trial is requested.
Attorney K. Scott Brazil of Brazil & Dunn LLP in Houston is representing the complainant, and Galveston County 405th District Court Judge Michelle Slaughter is presiding over the litigation.
Case No. 13-CV-733