Allamon Tool Company, Inc. v. Jackey Derryberry D/B/A Fairway Construction

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-200 CV

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ALLAMON TOOL COMPANY, INC., Appellant

V

JACKEY DERRYBERRY D/B/A FAIRWAY CONSTRUCTION, Appellee

On Appeal from the 9th District Court

Montgomery County, Texas

Trial Cause No. 03-09-06952 CV

MEMORANDUM OPINION

This is a contract dispute involving a building construction project. Appellant Allamon Tool Company originally sued Jackey Derryberry, a supplier of fill dirt, for fraud, DTPA violations, and removal of a mechanic's lien. Those claims were abandoned at trial. Derryberry filed a…