GRETNA – A pair of local businesses are suing a business they signed a distribution contract with for alleged breach of contract.
Books for Cooks Inc. and New Orleans Gourmet Food filed suit against Fry Dat!! Louisiana LLC and Kellie Autin in the 24th Judicial District Court on Jan. 14.
Books for Cooks Inc. and New Orleans Gourmet Food alleges that on Aug. 1, 2012 Fry Dat!! Louisiana and Autin paid them a $10,000 consulting fee up front and 28 payments of $2,550.34 at a total of $75,000 after signing a contract for the right to distribute their products for a period of five years. The plaintiff asserts that if the contract was terminated before its expiration the defendant would have to pay a $10,000 fee plus return any unused inventory within five days.
The plaintiff claims that in August 2013 the defendants failed to make a monthly payment for the first time and also did not make the next month’s payment which resulted in the plaintiff drafting a letter requesting payment. Fry Dat!! Louisiana and Autin are alleged to have made partial payments on their balance, but then made several payments with worthless checks in the amount of $5,737.50. The plaintiff asserts that the defendant then failed to make monthly payments for November, December and January in addition to partial payments for August and September for a total of $11,389.50.
The defendant is accused of breach of contract.
An unspecified amount in damages is sought for liquidated damages, return of all artwork and trademarks, award of cost, sums due under the purchase agreement, sums incurred by the plaintiff, judicial interest, court costs and attorney’s fees.
The plaintiffs are represented by attorney David S. Moyer of Luling.
The case has been assigned to Division J Judge Stephen C. Grefer.
Case no. 734-595.