LAFAYETTE — A cattle buyer has filed a class-action lawsuit against John P. Sutphin, III and S&S Land & Cattle Inc., sellers, citing alleged breach of contract.
Gerald Moore filed a complaint in the U.S. District Court for the Western District of Louisiana against the defendants alleging that they violated the implied covenant of good faith and fair dealing.
According to the complaint, the plaintiff alleges that he purchased 116 registered Black Angus heifers from defendants for the sum amount of $313,200. Upon discovery, within the herd, approximately 40 had different colored ear tags, which were not Black Angus, but Lim-Flex. Plaintiff was caused to suffer damages for purchasing Lim-Flex cattle at the same price as Black Angus. The plaintiff holds John P. Sutphin, III and S&S Land & Cattle Inc. responsible because the defendants allegedly intentionally included approximately 40 Lim-Flex Ccattle on the purchased 116 Black Angus cattle and failed and refused to transfer registration papers in plaintiff's name.
The plaintiff requests a trial by jury and seeks recision of the sale of the cattle, return of the purchase price and reimbursement for all costs of preservation, maintenance and insurance for the entire herd, reduction of the purchase price, award for damages, plus attorney fees, in addition to all other relief. He is represented by Maurice L. Tynes of Maurice L. Tynes & Associates PLC in Lake Charles.
U.S. District Court for the Western District of Louisiana Case number 2:16-cv-01334