Date: 02-21-2014

Case Style: Hertz Equipment Rental v. Allcorn Sitton, LLC f/k/a Allcorn Sitton, Inc. d/b/a Brad & Sons Construction f/lk/a Bard & Sons Construction, Inc.

Case Number: CJ-2013-4204

Judge: Roger H. Stuart

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: J.D. Ircink and Larry N. Miller

Defendant's Attorney:

Description: COMES NOW, Hertz Equipment Rental Corporation (Plaintiff’) and by and through counsel, J.D. Ircink and Larry Miller, of the firm Ircink & Miller, P.C., and in support of its petition states as follows:

1. Plaintiff is a Delaware corporation, in good standing, lawifilly engaged and authorized to do business in Oklahoma.

2. Allcoru Sitton, LLC f/k/a Allcorn Sitton, Inc. d/b/a Brad & Sons Construction f/kla Brad & Sons Construction, Inc. (hereinafter referred to as “Defendant”) is a Texas limited liability company.

3. The written contract, note and instrument of indebtedness giving rise to the Plaintiffs action against the Defendant were contracted and given by the Defendant in Oklahoma County, Oklahoma.

4. This Court has jurisdiction over the parties, the subject matter herein, and venue is proper before this court pursuant to the terms of the parties’ agreement.

COUNT I: BREACH OF CONTRACT AGAINST DEFENDANT

Plaintiff, for its action against the Defendant, alleges and states the following, incorporating paragraphs I through 4:

5. On or about June 12, 2007, for good and valuable consideration, Plaintiff and Defendant entered into a credit arrangement whereby Plaintiff would supply construction equipment to Defendant. See Plaintiffs Exhibit “A” attached hereto and incorporated herein by reference

6. Pursuant to the terms and conditions of the parties’ credit arrangement, all statements for goods delivered to Defendant would be paid to the Plaintiff in full net ten (10) days from the date of the invoice. See Plaintiffs Exhibit “A”.

7. Defendant accepted and took possession of Plaintiffs equipment and has failed to remit payment for same.

8. Defendant has breached the above referenced credit arrangement by failing to pay invoices submitted to Defendant by the Plaintiff for rental of the equipment, and therefore, Defendant is indebted to the Plaintiff in the principal amount of $41,626.91, plus late charges accrued from October 1,2011 in the amount of $278.95, to date, as agreed pursuant to the terms of the parties’ credit arrangement, together with interest thereon accrued and accruing until paid. 5 Plaintiff s Exhibit “B” attached hereto and incorporated herein by reference.

9. The credit arrangement between Plaintiff and Defendant provides that Defendant will pay collection costs, including any attorney fees and court costs incurred by the Plaintiff in efforts to collect the past due amounts from Defendant.

WHEREFORE, Plaintiff prays that this court enter judgment against Deièndant, Ailcom Sitton, LLC f/k/a Alicorn Sitton, Inc. d/b/a Brad & Sons Construction f/k/a Brad & Sons Construction, Inc., in the amount of $41,905.86, plus late charges, interest thereon, together with costs and attorneys fees incurred herein as well as other relief this court deems just and equitable.

Outcome: This matter comes before this Court on the 21st day of February, 2014, the Plaintiff, Hertz Equipment Rental Corporation, a Delaware corporation, appears by its attorneys of record, J.D. Ircink and Larry N. Miller, of the law firm of Ircink & Miller, P.C. The Court having reviewed this file and pleadings in this case FINDS as follows:

1. That Defendant, Allcorn Sitton, LLC f/k/a Ailcorn Sitton, Inc. d/b/a Brad & Sons Construction f//k/a Brad & Sons Construction, Inc., through the entity’s registered agent, was served with a Petition and Summons in the above referenced matter, on January 22, 2014. Said service was properly and duly perfected via certified mail, restricted delivery, return receipt quested, as evidenced by the Return of Service filed herein.

2. The Defendant’s Answer to Plaintiffs Petition was due on the day of February, 2014.

3. That, as of February 14, 2014, at 11:00 a.m., the records of the Oklahoma County Court Clerk evidenced that the Defendant has failed to file an Answer or otherwise plead to Plaintiffs Petition.

4. That, as a result of the Defendant’s failure to plead or to otherwise appear in these proceedings the Plaintiff is, by default, entitled to judgment as prayed for in Plaintiff’s Petition.

5. The Plaintiff is entitled to judgment against the Defendant, Alicorn Sitton, LLC f/k/a Allcorn Sitton, Inc. d/b/a Brad & Sons Construction f//k/a Brad & Sons Construction, Inc., in the amount of Forty Five Thousand Three Hundred Fifty-Six and 84/100’s dollars ($45,356.84), which includes the principal sum of Forty-One Thousand Six Hundred Twenty-Six and 91/100’s dollars ($41,626.91), plus late charges accrued and accruing in the amount of Two Hundred Seventy-Eight and 95/100’s dollars ($278.95), costs in the amount of Four Hundred Forty-Four and 93/100’s dollars ($444.93), and attorneys fees accrued and accruing in bringing this action in the amount of Three Thousand Two Hundred Eighty- Five and 00/100’s dollars ($3,285.00); interest accrued and accruing at the statutory rate; and all costs and attorneys fees accrued and accruing.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, by the Court, having reviewed the evidence presented, and being fully advised in the premises, and on consideration thereof, orders that the allegations of Plaintiffs Petition are deemed true and the Plaintiff is granted judgment against Allcorn Sitton, LLC f/k/a Allcorn Sitton, Inc. d/b/a Brad & Sons Construction f//k/a Brad & Sons Construction, Inc., in the amount of Forty Five Thousand Three Hundred Fifty-Six and 84/100’s dollars ($45,356.84), which includes the principal sum of Forty-One Thousand Six Hundred Twenty-Six and 91/100’s dollars ($41,626.91), plus late charges accrued and accruing in the amount of Two Hundred Seventy-Eight and 95/100’s dollars ($278.95), costs in the amount of Four Hundred Forty-Four and 93/100’s dollars ($444.93), and attorneys fees accrued and accruing in bringing this action in the amount of Three Thousand Two Hundred Eighty-Five and 00/100’s dollars ($3,285.00); interest accrued and accruing at the statutory rate; and all costs and attorneys fees accrued and accruing; as well as whatever other and further relief the Court deems just and proper under the circumstances.

Plaintiff's Experts:

Defendant's Experts:

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