![topcat ready mix topcat ready mix](https://pics.awwmemes.com/top-cat-is-up-to-something-69444653.png)
Top Cat also raised the affirmative defenses of offset, discharge 1 Aggregates are the raw materials needed to make concrete, such as gravel, sand, and limestone. Top Cat specifically asserted that, because Alliance delivered substandard or defective materials, Top Cat was forced to purchase replacement materials. Top Cat filed a verified denial that Alliance had applied “all lawful offsets, payments, and credits” to the account. Alliance sought to recover $391,087.21, consisting of the unpaid balance of the invoices and contractual interest, and attorney’s fees. Alliance sued Top Cat on a sworn account and for breach of contract, or alternatively quantum meruit. Each invoice stated, “Interest will accrue at the rate of 1.5% per month starting 60 days from INVOICE DATE.” Top Cat made partial payment on the first invoice, but made no subsequent payments.
![topcat ready mix topcat ready mix](https://cdn.hmv.com/r/w-640/hmv/files/c8/c8d86a32-5b1b-4589-ab76-bcc28e505dd8.jpg)
Top Cat contracted with Alliance to source, purchase, and deliver aggregate materials needed to make concrete.1 From approximately July 7, 2013, to October 13, 2013, Alliance mailed twelve invoices to Top Cap for purchases and deliveries of aggregate materials. Procedural Background Alliance is a trucking company that provides commercial transportation and delivery services for construction industry materials.
#TOPCAT READY MIX TRIAL#
We reverse the trial court’s summary judgment to the extent it awards Alliance eighteen percent per annum pre-judgment and post-judgment contractual interest and attorney’s fees and remand those issues to the trial court for further proceedings. Accordingly, we affirm the trial court’s summary judgment that Alliance recover from Top Cap $315,087.21 in actual damages on its suit on a sworn account and Top Cat take nothing on its counterclaims. Top Cat has not challenged the trial court’s grant of summary judgment in favor of Alliance on its suit on a sworn account and on Top Cat’s counterclaims against Alliance.
#TOPCAT READY MIX CODE#
(Alliance) on its suit on a sworn account against Top Cat Ready Mix, LLC (Top Cat) and awarded Alliance $315,087.21 in actual damages, $198,739.63 for “contractual pre-judgment interest,” attorney’s fees of $70,000 in the trial court and $25,000 for an unsuccessful appeal by Top Cat to this Court, and post-judgment interest on actual damages “at the contractual rate of 18% per annum.” In two issues, Top Cat contends the trial court erred by awarding Alliance (1) the “contractual rate of 18% per annum” because the summary judgment evidence did not conclusively establish Top Cat agreed to pay the interest rate and the interest rate awarded is usurious, and (2) attorney’s fees because Top Cat is not an entity subject to an attorney’s fees award under section 38.001 of the civil practice and remedies code and Alliance failed to conclusively establish it was entitled to the amount of fees awarded by the trial court. DC-15-07419 MEMORANDUM OPINION Before Justices Myers, Molberg, and Osborne Opinion by Justice Molberg The trial court granted summary judgment in favor of Alliance Trucking, L.P. ALLIANCE TRUCKING, L.P., Appellee On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. 05-18-00175-CV TOP CAT READY MIX, LLC, Appellant V. In The Court of Appeals Fifth District of Texas at Dallas No. Place the word 'Blocked' in the subject line.AFFIRM in Part, REVERSE in Part, and REMAND Opinion Filed January 22, 2019. (You can copy and paste from the URL address bar.)Ĥ. Give an example of the web page you are trying to access. Please try to include city, state or province, country, etc.ģ. Inform us of where you are physically located when trying to access this page. If not known simply open a new browser and enter "whats my ip". (The word 'at' was used here to prevent spam.)ġ. Replace the word 'at' with to ensure proper email format.
![topcat ready mix topcat ready mix](https://ih1.redbubble.net/image.1446117715.8087/st,small,507x507-pad,600x600,f8f8f8.u5.jpg)
#TOPCAT READY MIX FREE#
If you are located within the United States and believe our view of your activity is unwarranted, please feel free to email us at "blocked at ". As such, our business model focuses on connecting and servicing buyers and sellers that are located only in the US. Our database is over 17 million businesses that are solely located in the United States. This is a breach of our Terms Of Use.Ģ.) The IP is part of a virtual private network (VPN) to mask your actual IP, or your IP was masked and served a proxy IP.ģ.) You are located outside of the United States. Sorry, but we are currently blocking access to our site.ġ.) We have detected an unusual amount of improper or excessive behavior such as using our site to compile business lists, company information, accumulate sales leads, etc.