June 29, 2013
Jamaica Beach man claims sale price for restaurant assets not totally paid, files lawsuit
GALVESTON – An apparent debt in the amount of $14,738 is the focus of a Jamaica Beach restaurateur’s lawsuit.
Recent court documents filed June 24 in Galveston County Court at Law No. 3 state that Steven Paul Segura lapsed on payments toward the sales price of Breck Porter’s assets in the 61st Street Diner in Galveston.
Porter, doing business as Porter Restaurant Group, says the alleged default is a violation of a written contract between him and Segura which goes back to Sept. 29, 2012.
According to the suit, the contract called for the defendant to pay $29,738 in exchange for the aforementioned assets, equipment, inventory, goodwill and customer list belonging to the complainant.
Segura paid $10,000 down as well as $5,000 before Nov. 1, 2012, and had a remaining balance of $14,738 that was due in equal installments over a 12-month period no later than the fifteenth day of the month starting on Jan. 1 of this year.
The suit says the respondent “has failed to make the payments due for January, February, March, April, May and June of $1,228.17 each,” adding the supposed failure to pay caused the note to accelerate.
A $50 monthly late payment fee was assessed, and Segura currently owes $300 for late payments, the original petition says.
Attorney George D. Martin of Martin, Garza & Fisher LLP in Galveston is representing Porter.
Cause No. 70,175