Accoustical Engineers sued Bixby for Breach of Contract, and then to forclose on a lein they placed on a property owned by one of Bixby's customers.
Quote:
Pursuant to the Agreement, AE was entitled to receive for its labor, services, and
20 materials the amount of $6,986.
21 8. Thereafter, during the course of construction, until approximately June, 2004, AE
22 diligently prosecuted work on the Property at the direction and supervision of said Defendants.
23 Although agents of BIXBY have confirmed that they do not dispute AE fully performed all
24 obligations under the Agreement, and although demand for payment was made by AE for its
25 services, Defendants ignored those demands and refused to pay the amounts due.
26 9. AE has duly completed and performed all things to be done, in connection
27 with the terms of the Agreement. Any terms or conditions of the Agreement not performed by
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Quote:
28 AE are and have been waived and excused by Defendants.
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