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DELAWARE COUNTY • CJ-2026-00043

Brookside Construction LLC v. John Garner, an individual, and Jessica Garner, an individual

Filed: Jun 2, 2024
Type: CJ

What's This Case About?

Let’s get one thing straight: someone built a whole damn house, and the people who live in it are refusing to pay for it. Not a little bit. Not “we’ll settle later.” We’re talking $375,325 — the full price of a brand-new custom home in rural Oklahoma — and the homeowners have gone radio silent, like they’re starring in their own version of The Disappearance of the Down Payment. This isn’t a dispute over paint swatches or shoddy trim work. According to the contractor, the house is done, looks great, and the clients never even complained — they just stopped paying. And now Brookside Construction LLC is suing John and Jessica Garner like they skipped out on a casino debt, demanding every penny, plus interest, costs, and attorney fees. Welcome to Crazy Civil Court, where dreams of suburban bliss collide with contract law, and someone’s about to get served — literally.

So who are these people? On one side, we’ve got Brookside Construction LLC, a Tulsa-based outfit that apparently specializes in turning empty lots into livable homes. They’re not some fly-by-night operation — they’ve got a team of five attorneys (yes, five) ready to go to war over this, which tells you two things: either this is a pattern case, or they’re very serious about getting paid. On the other side, we have John and Jessica Garner — a married couple living in Afton, Oklahoma, a tiny town near the Arkansas border where the deer outnumber the stoplights. Their address? 30397 S. 567 Road, Lot #70. Sounds like the kind of place where you can see three states from your porch and still have no Wi-Fi. They bought land, presumably dreamed of a forever home, and signed a contract with Brookside to build it. The deal was simple: Brookside builds the house, the Garners pay $375,325. Everyone shakes hands. End of story? Nope. The story only begins there.

Because here’s what allegedly went down: on June 2, 2024 — the same day this lawsuit was filed, coincidentally — Brookside claims they completed the home in a “proper and workmanlike manner.” That’s legalese for “we didn’t half-ass it.” No leaks, no crooked walls, no missing rooms. The house is done. Finished. Keys could be handed over. And yet, the Garners have not paid the full amount. In fact, according to the petition, they haven’t voiced any complaints about the quality of the work. Not a peep. No emails about the tile grout. No angry texts about the HVAC system. Nothing. They just… stopped paying. And when Brookside asked for the money? Crickets. The couple allegedly cut off all communication, like they ghosted their contractor the way someone ghosts a bad date after a third text. Only this isn’t a date — it’s a nearly $400,000 construction project.

Now, why are we in court? Because Brookside is suing for two main reasons, both dressed up in fancy legal terms but actually pretty straightforward. First: Breach of Contract. That’s when one side does what they promised, and the other side doesn’t. Here, Brookside says, “We built the house. You agreed to pay. You didn’t. You broke the deal.” It’s like ordering a Tesla, letting them deliver it to your driveway, test-driving it for a week, and then saying, “Nah, I’m good,” while Elon sues you for the full sticker price. You can’t just enjoy the benefits and walk away. That’s not how capitalism works — unless you’re a billionaire, apparently.

The second claim is Unjust Enrichment, which sounds like a self-help book but is actually a legal Hail Mary for when there’s no contract… or when the other side tries to act like there isn’t one. But here, there is a contract — it’s just that Brookside is covering all their bases. The idea is: even if the contract somehow doesn’t hold up, the Garners still got something incredibly valuable — a fully built house — without paying for it. They’re living in it (presumably), getting shelter, security, and probably bragging rights at the county fair. It would be unfair, the argument goes, for them to keep all that value while stiffing the people who made it happen. So the law says: you can’t get rich off someone else’s labor without paying up. Sorry, Garners — you can’t just “manifest” a mortgage-free life.

And what do Brookside want? A judgment for the full $375,325 — plus interest, court costs, and attorney fees. Is that a lot? Oh, honey, yes. That’s not just “a lot” — that’s a house. In Delaware County, Oklahoma, that kind of money could buy you several houses. Or a small farm with goats and a tractor named Earl. For a construction company, that’s likely a major portion of their annual revenue. For a couple in rural Oklahoma, that’s either a massive financial commitment or a catastrophic default. Either way, it’s not chump change. And Brookside isn’t asking for repairs or do-overs — they want the full amount, as if the Garners just decided homeownership was a subscription service they could cancel anytime.

Now, here’s our take: the most absurd part of this whole mess isn’t that people didn’t pay. It’s that they didn’t say anything. No dispute. No punch list. No “the bathroom smells like mildew” or “the roof leaks when it rains.” Nothing. Just silence. That’s not how construction works. These projects are never perfect. There are always little things — a cabinet that doesn’t close right, a light switch in the wrong place, a door that sticks. But the Garners? Crickets. Which makes you wonder: did something else happen? Did the relationship sour over coffee? Did the contractor accidentally use the wrong shade of gray shingle? Or — and hear us out — are the Garners just hoping that if they ignore it long enough, the problem will go away, like a parking ticket or a passive-aggressive relative?

Or… could there be more to the story? Because let’s be real — lawsuits are one-sided. This is Brookside’s version. Maybe the house is perfect — but maybe the financing fell through. Maybe the Garners lost their jobs. Maybe there’s a lien dispute or a zoning issue we don’t know about. The filing doesn’t say. But the total lack of complaint is suspicious. In every other construction dispute, you get a laundry list of defects. Here? Nothing. It’s like they’re being sued for winning the lottery and then refusing to cash the check.

Still, if the facts are true — if the house is done, the work was good, and the Garners just vanished — then this is a hard case to root for. You don’t get to live in a $375,000 home for free. That’s not homeownership. That’s theft by occupancy. Brookside put in the labor, bought the materials, managed the permits, and delivered a finished product. The Garners got the dream. Now they owe the bill.

So while we’re always here for a good “I built it, you broke it” drama, this one feels less like a feud and more like a financial train wreck in slow motion. We’re not rooting for the five-lawyer legal army. We’re not rooting for the silent couple in the woods. We’re rooting for someone — anyone — to just pick up the phone and talk. Because at this point, the real tragedy isn’t the money. It’s that a brand-new home, built with care and probably a lot of sawdust, has already become a battleground. And no one’s living happily ever after — not yet, anyway.

Stay tuned. Next episode: The Garage That Was Two Inches Too Short.

Case Overview

Jury Trial Petition
Jurisdiction
District Court in and for Delaware County, Oklahoma
Relief Sought
$375,325 Monetary
Plaintiffs
Claims
# Cause of Action Description
1 Breach of Contract Plaintiff alleges Defendant failed to pay the full contract price for construction services
2 Unjust Enrichment Plaintiff alleges Defendant retained the benefit of completed construction without paying the full price

Petition Text

589 words
IN THE DISTRICT COURT IN AND FOR DELAWARE COUNTY STATE OF OKLAHOMA Brookside Construction LLC, Plaintiff, v. John Garner, an individual, and Jessica Garner, an individual, Defendant(s). Case No. CO-26-43 Judge: McCaffrey Jury Trial Demanded Attorney Lien Claimed PETITION COMES NOW the Plaintiff, Brookside Construction LLC, by and through its attorneys of record, Charles J. Kania, Zachary A. Waxman, W. Doug Thomas, Maria C. Riera, and Jonathan F. Keeling of the KANIA LAW OFFICE, and for its petition and causes of action against the Defendants state and aver as follows: PARTIES, JURISDICTION & VENUE 1. Plaintiff, Brookside Construction, is an Oklahoma Limited Liability Company engaged in the construction of new residential properties. 2. Defendants, John Garner and Jessica Garner, are individuals residing at 30397 S. 567 Road, Lot #70, Afton, Oklahoma 74331, within Delaware County, state of Oklahoma 3. Jurisdiction and venue are proper in this Court pursuant to 12 O.S. § 131 and § 134, as the property at issue is located in Delaware County and the causes of action arose therein. STATEMENT OF MATERIAL FACTS 5. On or about June 2, 2024, the Plaintiff and Defendants entered into a contract memorialized in writing duly executed by both parties. 6. Under the terms of the contract the Plaintiff agreed and had a contractual obligation to construct the Defendants a new residential dwelling on the Defendants’ property. Brookside Construction, LLC v. Garner Petition Page 1 of 3 7. Pursuant to the terms and conditions of the parties’ contract, the Defendant had a contractual obligation to pay the Plaintiff the total sum of $375,325.00. 8. The Plaintiff has fully performed all its obligations under the contract by completing the construction of the Defendant's home. 9. The construction was completed in a proper and workmanlike manner. 10. The Defendants have never voiced any objection or dissatisfaction with the construction of the new home. 11. The Defendants have failed and/or refused to pay Plaintiff the fill contract price and is in Breach of their contractual duty. 12. After demand, the Defendants refuse to make payment and have now terminated all communications with Plaintiff. CAUSES OF ACTION COUNT ONE – BREACH OF CONTRACT 15. Plaintiff incorporates all above paragraphs as though fully set forth herein. 16. The parties negotiated, entered and memorialized a legally binding contract. 17. The parties contract contained sufficient consideration and is a legal contract under Oklahoma Law. 18. The Plaintiff fully performed or substantially fulfilled all its obligations under the contract. 19. The Defendants breached the contract by failing and refusing to pay the full contract price. 20. As a direct and proximate cause of the Defendant’s breach of contract, the Plaintiff has been damaged in an amount exceeding $50,000 plus interest, costs, and attorney’s fees as allowed by law and/or the contract. COUNT TWO – UNJUST ENRICHMENT 19. Plaintiff incorporates all above paragraphs as though fully set forth herein. 20. The Defendants have received the significant benefit of Plaintiff’s labor, services, expenses, and all results thereof. 21. Defendants have been unjustly enriched by retaining the benefit of the completed construction of their home without paying the full contract price and expenses. 22. Equity and good conscience require that the Defendants fully compensate the Plaintiff for the benefit conferred. WHEREFORE the Plaintiff prays for a judgment directing the Defendants to fully compensate the Plaintiff for all benefits conferred, pre- and post-judgment interest as allowed by law, for costs of this action, for attorney’s fees, and for such other and further relief as the Court deems just and proper. Respectfully submitted, Charles J. Kania, OBA #20512 Zachary A. Waxman, OBA #22761 W. Doug Thomas, OBA #21554 Mari C. Riera, OBA #33598 5319 S. Lewis Ave., Suite 120 Tulsa, Oklahoma 74105 (918) 743-2233 Ext. 4 (918) 743-2244 (Fax) [email protected]
Disclaimer: This content is sourced from publicly available court records. Crazy Civil Court is an entertainment platform and does not provide legal advice. We are not lawyers. All information is presented as-is from public filings.