Gulfside Supply, Inc. dba Gulfeagle Supply v. Fairway Roofing and Construction LLC

IN THE DISTRICT COURT OF TULSA COUNTY STATE OF OKLAHOMA GULFSIDE SUPPLY, INC. dba Gulfeagle Supply v. FAIRWAY ROOFING AND CONSTRUCTION LLC and RYAN F. JOHN PLAINTIFF’S ORIGINAL PETITION COMES NOW the Plaintiff, Gulfside Supply, Inc. dba Gulfeagle Supply ("Plaintiff"), and for its causes of action against Defendants Fairway Roofing and Construction LLC ("Fairway Roofing") and Ryan F. John ("Ryan John") ("collectively Defendants"), alleges and states as follows: 1. Plaintiff is a Florida corporation, has a place of business and is authorized to do business in Oklahoma. 2. Defendant Fairway Roofing and Construction LLC is an Oklahoma limited liability company and may served with summons and a copy of this petition by serving its Registered Agent, Ryan F. John, at its Registered Office, 9208 N. Garnett Rd., Owasso, Oklahoma 74055; or at 9104 N. Garnett Rd., Suite D, Owasso, Oklahoma 74055-4472; or at 9301 N. 104th E Avenue, Owasso, Oklahoma 74055. 3. Ryan F. John is an individual and can be served by delivering Summons to him at 9104 N. Garnett Rd., Suite D, Owasso, Oklahoma 74055-4472; or at 9301 N. 104th E Avenue, Owasso, Oklahoma 74055. 4. Jurisdiction is properly vested within this Court pursuant to 12 O.S. § 2004(F). 5. Venue in this Court is proper and exclusive pursuant to 12 O.S. §§ 134, 142. STATEMENT OF RELEVANT FACTS 6. Plaintiff entered into a written agreement with Fairway Roofing (the "Contract") whereby Plaintiff agreed to furnish materials, including, but not limited to, roofing materials and related items on credit. See the Affidavit and Credit Application related to materials sold to Defendant Fairway Roofing on credit attached hereto as Exhibits A and B and incorporated herein for all purposes. 7. Ryan John entered into a written guaranty agreement and absolutely and unconditionally guaranteed the subject performance, obligations, liabilities and indebtedness of Fairway Roofing to Plaintiff. See the Guaranty Agreement, which is included on page 2 of Exhibit B attached hereto. 8. Despite numerous demands, Defendants still owe Plaintiff the sum of $20,717.05 therefor. See the Affidavit attached hereto as Exhibit A. II. BREACH OF CONTRACT AGAINST FAIRWAY ROOFING 9. Plaintiff realleges and incorporates paragraphs 1-8. 10. By failing to pay Plaintiff for the materials it supplied to Defendant Fairway Roofing, Defendant Fairway Roofing has breached its contract to pay Plaintiff for the materials sold to it on credit. 11. Plaintiff is entitled to judgment against Defendant Fairway Roofing for breach of contract in the amount of $20,717.05, plus prejudgment and post-judgment interest at the rate of 18% per annum, costs, and attorneys' fees, as set forth in the Credit Application attached hereto as Exhibit B. III. CAUSE OF ACTION ON SWORN ACCOUNT AGAINST FAIRWAY ROOFING 12. Plaintiff realleges and incorporates paragraphs 1-11. 13. That heretofore and on various dates, as shown by the itemized sworn account hereto attached and marked Exhibit A and made a part hereof as if copied verbatim herein, Plaintiff, at the special instance and request of Defendant Fairway Roofing, sold and delivered the various items of goods, wares and merchandise therein set out and at the various prices therein charged, the same being the reasonable market value and agreed purchase price of same, aggregating the sum of $20,717.05, for which the said Defendant Fairway Roofing promised and agreed to pay and became bound and obligated to pay Plaintiff the said sum of money. 14. Defendant Fairway Roofing has not paid or satisfied the above claim, although more than thirty (30) days have expired since said claim was presented. Plaintiff is represented by the undersigned attorneys and is, therefore, entitled to recover reasonable attorneys' fees incurred in prosecuting this matter. Plaintiff is also entitled to prejudgment and post-judgment interest at the rate of 18% per annum as Defendant Fairway Roofing agreed to pay said rate on past due invoices as set forth in the Credit Application attached hereto as Exhibit B. IV. QUANTUM MERUIT AGAINST FAIRWAY ROOFING 15. Plaintiff realleges and incorporates paragraphs 1-14. 16. Alternatively, an implied contract exists between Plaintiff and Defendant Fairway Roofing for the materials Plaintiff supplied to it on credit. 17. Plaintiff has sustained damages in the amount of $20,717.05 resulting from Defendant Fairway Roofing’s failure to pay for the materials. 18. Plaintiff is entitled to judgment against Defendant Fairway Roofing for the value of the materials it supplied on credit to Defendant Fairway Roofing, to-wit: $20,717.05, plus prejudgment and post-judgment interest, and such further and other relief as the Court deems just and equitable. V. PERSONAL GUARANTY CLAIM AGAINST RYAN JOHN 19. Plaintiff realleges and incorporates paragraphs 1-18. 20. Plaintiff would further show that Defendant Ryan John executed a guaranty agreement, guaranteeing the payment of the debt of Defendant Fairway Roofing. Attached hereto as Exhibit B is a true and correct copy of said guaranty agreement, which is incorporated by reference the same as if copied verbatim herein. All conditions precedent to Defendant Ryan John’s liability on said guaranty have occurred or been performed. 21. Demand has been made upon Defendant Ryan John to pay the debt owed to Plaintiff by Defendant Fairway Roofing, but although 30 days have expired, Defendant Ryan John has failed to do so. 22. Defendant Ryan John has not paid or satisfied the above claim, although more than thirty (30) days have expired since said claim was presented. 23. Plaintiff is represented by the undersigned attorneys and is, therefore, entitled to recover reasonable attorneys' fees incurred in prosecuting this matter. 24. Plaintiff is also entitled to prejudgment and post-judgment interest at the rate of eighteen percent (18%) per annum, as Defendant Ryan John agreed in writing to pay said rate. Attached hereto a Exhibit B is a copy of said agreement. Plaintiff is also entitled to court costs. VI. REQUEST FOR RELIEF WHEREFORE, premises considered, Plaintiff Gulfside Supply, Inc. dba Gulfeagle Supply prays that the Court enter judgment in its favor against Defendants Fairway Roofing and Construction LLC and Ryan F. John, jointly and severally, in the amount of $20,717.05, plus prejudgment and post-judgment interest at the rate of eighteen percent (18%) per annum, its attorneys' fees and costs of court, accrued and accruing; and for any such additional relief as the Court deems just and equitable. Respectfully submitted, MATTHEWS, SHIELS, KNOTT, EDEN, DAVIS & BEANLAND, LLP By _____________________________ Robert L. Eden OBA# 33325 8131 LBJ Freeway, Suite 700 Dallas, Texas 75251 (972) 234-3400 Telephone (972) 234-1750 Facsimile [email protected] ATTORNEYS FOR PLAINTIFF STATE OF FLORIDA COUNTY OF HILLSBOROUGH BEFORE ME, the undersigned Notary Public in and for the County and State aforesaid, personally appeared Tom Fava, who, being by me first duly sworn, on oath states that he is Financial Services Manager and Agent of Gulfside Supply, Inc. dba Gulfeagle Supply, a corporation duly incorporated under the laws of the State of Florida; that he has knowledge of the facts herein set forth and is duly authorized to make this Affidavit and is competent to testify to the matters therein contained; that the annexed account made in the regular course of business of said corporation, hereinafter called Claimant, against Fairway Roofing and Construction LLC (hereinafter called Debtor) and Ryan F. John (hereinafter called Guarantor) is, within the personal knowledge of the affiant, just, true and correct; and that there is now due from said Debtor and Guarantor the sum of Twenty Thousand Seven Hundred Seventeen and 05/100 Dollars ($20,717.05) and that all just and lawful offsets, payments and credits have been allowed. ______________________________ Tom Fava, Affiant The foregoing instrument was acknowledged before me, by means of ✓ physical presence or □ online notarization, this 4th day of December, 2024 by Tom Fava, of Gulfside Supply, Inc. dba Gulfeagle Supply, a Florida corporation on behalf of the corporation and he is personally known to me. ANN MARIE MCGUIGAN MY COMMISSION # HH 322893 EXPIRES: February 15, 2027 Notary Public, State of Florida Exhibit A Statement Please remit payment to your local Gulfeagle Supply branch Thank You, ! Questions/Comments? Contact: Tom Fava Telephone NO: 813-636-9040 FAIRWAY ROOFING AND CONSTRUCTION 9104 N Garnett Rd Ste D OWASSO OK 74055-4472 <table> <tr> <th>DATES</th> <th>INVOICE NUMBER</th> <th>PURCHASE ORDER NUMBER</th> <th>TOTAL</th> <th>PAYMENTS/CREDITS</th> <th>NET DUE</th> </tr> <tr> <td>08/02/24</td> <td>s001776534.0C1</td> <td>Tulsa Country Club</td> <td>9,283.10</td> <td></td> <td>9,283.10</td> </tr> <tr> <td>08/05/24</td> <td>s001789826.0C1</td> <td>11929 s Ivy Ct</td> <td>4,707.10</td> <td></td> <td>4,707.10</td> </tr> <tr> <td>08/06/24</td> <td>s001791332.0C1</td> <td>certaineed landmark</td> <td>7,968.43</td> <td></td> <td>7,968.43</td> </tr> <tr> <td>08/14/24</td> <td>s001809792.001</td> <td>return country club</td> <td>-1,734.65</td> <td></td> <td>-1,734.65</td> </tr> <tr> <td>09/26/24</td> <td>s001892299.001</td> <td>penny</td> <td>493.07</td> <td></td> <td>493.07</td> </tr> </table> <table> <tr> <th>NEW BALANCE</th> <th>PAYMENTS</th> <th>CREDITS</th> <th>PURCHASES</th> <th>SERVICE CHARGE</th> <th>NEW BALANCE</th> </tr> <tr> <td>20,717.05</td> <td>0.00</td> <td>0.00</td> <td>0.00</td> <td>0.00</td> <td>20,717.05</td> </tr> </table> <table> <tr> <th>FUTURE</th> <th>CURRENT</th> <th>31-60 DAYS</th> <th>61-90 DAYS</th> <th>91-120 DAYS</th> <th>OVER 120 DAYS</th> </tr> <tr> <td>0.00</td> <td>0.00</td> <td>493.07</td> <td>20,223.98</td> <td>0.00</td> <td>0.00</td> </tr> </table> GULF EAGLE SUPPLY, INC. DBA: GULF EAGLE SUPPLY CREDIT APPLICATION FOR A BUSINESS ACCOUNT Mail completed application to: Gulfeagle Supply, 2900 East 7th Ave, Tampa, FL 33605, Or Email completed application to: [email protected] www.gulfeaglesupply.com For Office Use only: BRANCH # 91 ASSIGNED SALESPERSON House BRANCH MANAGER SIGNATURE: Mike Har Desired Credit Limit: $20,000 PLEASE EXTEND CREDIT TO THE FOLLOWING APPLICANT: COMPANY NAME: Fairway Roofing and Construction Address: 9208 N Garnett City: Owasso State: OK Zip Code: 74055 Phone: 918-406-9100 Fax: Contact Name: Ryan John Contact for invoicing -Email: [email protected] Contact for product/pricing Information - Email: SAME Date business commenced: AUG 2007 Corporate Charter #: ____________ Sole proprietorship: ☑ Partnership: ☐ Corporation: ☐ State of Inc.: Oklahoma License Number: __________________ PRINCIPALS' AND GUARANTORS' NAMES AND HOME ADDRESSES Name: Ryan F John Address: 9301 N 104th E Ave State, Zip: Oklahoma 74055 Phone: 918-406-9100 Own or Rent: OWN If own, Market Value: $290,000 SS#: Spouse's Name: Jessica Driver License #: State of Issue: OK Name: Address: State, Zip: Phone: Own or Rent: If Own, Market Value: SS#: Spouse's Name: Driver License #: State of Issue: TRADE REFERENCES (SUPPLIERS ONLY) Company name: R+S Supply Address: 918-794-1999 State: OK Zip: 74145 Fax: E-mail: Company name: LOWES Address: 918-274-0881 State: OK Zip: 74055 Fax: E-mail: Company name: West End Roofing Address: 918-835-7463 State: OK Zip: 74112 Fax: E-mail: BONDING INFORMATION Surety: Agent: Tel: Bonding Capacity: BANK REFERENCES We authorize all banks to provide requested account information to Gulfside Supply, Inc. DBA: Gulfeagle Supply. <table> <tr> <th>Bank Name:</th> <th>Bank Name:</th> <th>Bank Name:</th> </tr> <tr> <td>FIRST BANK OF OWASSO</td> <td>ARMSTRONG BANK</td> <td></td> </tr> <tr> <td>Address: 11500 N Garnett Owasso, OK</td> <td>Address: 3651 NOWARD RD Bartlesville, OK</td> <td></td> </tr> <tr> <td>Acct#: * * *</td> <td>Acct#: * * *</td> <td></td> </tr> </table> TAX & LICENSE INFORMATION Contractor Lic #: Renewal Date: Name of License Holder: Driver License #: State of Issue: Home Phone: Home Address: 9301 N 104TH E AVE Owasso, OK Tax Year End Date: Federal Tax ID #: ____________________________ Blanket Exemption Certificate (Please attach copy if applicable) Taxable Exempt The undersigned Applicant hereby certifies that it is licensed to do business under the Law(s) of the State of ____________ holding the sales tax license Permit number: ____________________________ Enumerated and that the tangible personal property purchased is exempt from sales and use tax for the following reason: ( ) Resale, in the regular course of business, the form of tangible personal property. ( ) Incorporating the same, as material, ingredient or component part, into tangible personal property. ( ) Other authorized exemption (describe) __________________________________________________________ This certificate shall be considered a part of each order given by Applicant from and after the effective date hereof, unless such order shall otherwise specify. This certificate shall continue in full force and effect unless and until revoked in writing by Applicant. Applicant understands and agrees that if it uses any property purchased tax-free under this certificate in any manner which would not exempt the sale from tax, it becomes the user or consumer of such property, as assumes liability for and undertakes full payment of any tax due. Exhibit B TERMS AND CONDITIONS OF SALE INCLUDING GUARANTY 1.) COO sales are to be paid for in advance of delivery. On charge sales, the cutoff of billing is the last day of the month. Payment is due and to be received by the last day of the month following delivery. Payments not received by the last day of the month are past due. All past due accounts are subject to a minimum maintenance fee of $9.50/month. All accounts not paid in accordance with the terms and conditions of sale shall also be subject to interest at the rate of 1-1/2% per month (18% per annum) or the maximum lawful rate, whichever is higher. Past due accounts are also subject to a monthly late charge fee. Payments received shall be applied first to interest, then to principle of the oldest outstanding invoices. A copy of or facsimile of this document shall be deemed an original for all purposes. 2.) Any disputed item, charge, term or provision of Gulfside Supply, Inc. DBA Gulfeagle Supply’s ("Gulfeagle Supply") printed invoice or statement, or claim of damage, material defect or shortage, must be made in writing by the Applicant/Customer/Contractor and sent to Gulfeagle Supply, 2900 E. 7th Ave. Ste. 200, Tampa, FL 33605, Attn: Director of Financial Services, via Certified Mail within 10 days of date of invoice in order to be considered a timely and/or reasonable claim. Gulfeagle Supply does not guarantee or warrant any specific delivery times or dates. Any claim on a COD sale must be made in writing, as previously stated, within 48 hours of date of delivery. 3.) Gulfeagle Supply makes no warranties, implied or otherwise, and hereby disclaims all warranties of fitness for any particular purpose or merchantability. Some goods sold by Gulfeagle Supply contain manufacturer’s warranties or guarantees; other than these, all goods are sold "as is". 4.) Unless express and specific written directions are given to Gulfeagle Supply to the contrary, via Certified Mail as set forth in paragraph 2 above, Applicant/Customer/Contractor specifically agrees that all employees, office or jobsite personnel, users of the account and or apparent agents of the Applicant/Customer/Contractor shall be authorized to make purchases on the account, and/or accept material deliveries, for which Applicant/Customer/Contractor is responsible. 5.) In consideration of any extension of credit by Gulfeagle Supply should any indebtedness not be paid in accordance with the terms of credit, the undersigned Applicant/Customer/Contractor agrees to pay court costs, costs of collection, the greater of 33-1/3% of the account balance or court awarded attorney’s fees including for appeals and does hereby waive notice of presentment and notice of default and stipulates to venue in the county and state of Gulfeagle Supply’s choice including but not limited to Tampa, Hillsborough County, Florida. Applicant/Customer/Contractor waives the right to jury trial in any action related to Applicant/Customer/Contractor’s account or purchases. 6.) The Applicant/Customer/Contractor agrees to notify Gulfeagle Supply in writing via Certified Mail as set forth in Paragraph 2 within seven (7) days of any change in ownership or form of applicant/Customer/Contractor’s business or credit is suspended. In the event notice is not given, the responsibility for payment remains with the entity and or individual(s) that credit is granted to, as shown on this application. 7.) Gulfeagle Supply reserves the right to request additional financial information, including financial statements, from Applicant/Customer/Contractor or credit agencies at any time as a condition precedent to additional sales. 8.) It is agreed that job accounts may be set up as necessary by Gulfeagle Supply to which all terms of sale and conditions of sale and extension of credit shall apply. In addition, job accounts are subject to a job account set-up charge. 9.) Notice to Owner or preliminary notice will be sent by Gulfeagle Supply on all job accounts or when deemed necessary. 10.) Gulfeagle Supply reserves the right to stop shipments on any account due to Applicant/Customer/Contractor’s failure to comply with all terms and conditions of sale. 11.) No payments due Gulfeagle Supply shall be subject to any offset or claim, but shall be paid to Gulfeagle Supply when due, regardless of any claim or dispute. Any action against Gulfeagle Supply shall be brought solely in Hillsborough County. 12.) Gulfeagle Supply’s trucks may weigh over 10 tons which can cause damages to driveways, sidewalks, pipes, septic systems, ruts in lawns etc. With this knowledge, the Applicant/Customer/Contractor takes full responsibility in the event of any damages resulting from delivery. Gulfeagle Supply also assumes no extended liability for any damages incurred after material delivery, including claims for mold or environmental claims. Further, the Applicant/Customer/Contractor warrants that he has advised his customer of the possibility of such damages and neither will hold Gulfeagle Supply responsible in the event of loss. Gulfeagle Supply does not assume any responsibility for damages whatsoever. All deliveries are subject to a delivery charge and fuel surcharge which is in addition to the quoted price. 13.) All material returned for refund is subject to a restocking fee of up to 25%. 14.) In the event that Applicant/Customer/Contractor does not have a representative on a jobsite, Applicant/Customer/Contractor accepts responsibility for the correctness of the material count as shown by Gulfeagle Supply on any delivery ticket and/or invoice. The Applicant/Customer/Contractor accepts responsibility for the material upon completion of the delivery. Delivery of material with or without signed delivery ticket shall constitute purchase and delivery of merchandise. 15.) The undersigned Applicant/Customer/Contractor does hereby authorize their bank to release any information regarding account balances and credit history to Gulfeagle Supply. We also authorize Gulfeagle Supply to obtain any credit information from any other information provider as needed. 16.) For and in specific additional consideration received, the undersigned hereby agrees to indemnify and save harmless Gulfeagle Supply, their agents, servants and the employees from any and all loss or expense (including costs and attorney’s fees) by reason of liability imposed upon Gulfeagle Supply for damages not to exceed $5 million dollars, including personal injury or death, at any time resulting therein, sustained by any person or on an account of damage to property, including loss of use thereof, whether caused by or contributed by Gulfeagle Supply, its agents, servants, employees or others arising from the delivery and placement of materials being delivered. Further, the Applicant/Customer/Contractor warrants that he has advised his customer of the possibility of said damages and neither will hold Gulfeagle Supply responsible in the event of a loss or expense. The Applicant/Customer/Contractor agrees that this provision is reasonable with regard to this agreement. 17.) The contractor and/or Applicant shall furnish any/all free-fall protection as may be required by OSHA and shall bear the responsibility of same. 18.) This application contains the entire agreement between the parties hereto and supersedes any prior agreements or understandings between them. It may not be amended or modified except by written instrument including additional consideration signed by or on behalf of all affected parties or their successors-in-interest. There shall be no oral amendment(s) to the terms, conditions and guaranty in this contract. If any part of this contract is judicially determined invalid, all other portions remain intact. We represent that WE have read these terms and conditions and I/We are authorized to accept them for Applicant and as Guarantor(s) of the account, and WE further represent that all facts contained herein are truthful to the best of my/our knowledge and all goods charged to this account will be for commercial use with the intent to earn profit. I/We understand if Applicant is granted credit, in consideration of the foregoing terms and for value received, I/We individually, jointly and severally) guarantee the payments by the Applicant and the payment of all sums that become due hereunder and for all additional purchases as Guarantor(s) on the account. The undersigned waives notice of acceptance of this guaranty and notice of any default by said Applicant. This hall be a continuing guaranty and shall not be affected by any extension of time, payments, Increased credit limit, oral representation, modifications, additions to this agreement, with or without consent of the guarantor. A Corporate title after my/our signature is not intended to negate my/our individual, joint nd several guaranty for credit extended to Applicant and my/our signature is both in a representative and individual capacity. Signature of Applicant/Guarantor: _______________________________ Date: ____________ Signature of Applicant/Guarantor: _______________________________ Date: ____________ Signature of Applicant/Guarantor: _______________________________ Date: ____________ IMPORTANT NOTICE The above information is a basis for extending credit to your concern. No application will be considered unless all blanks (where applicable) are filled in and signed. By completion of this application, the Applicant understands that this is an application for the extension of credit to be considered by Gulfeagle Supply.