[Ayatollahgondola]

Capital commercial sued Bixby for Breach of Contract, and to forclose on a lein they placed on the property owned by one of Bixby's customers. This was the same Customer as the Accoustical Engineers case

20. On February, 10, 2004, Plaintiff entered into a written agreement with
Defendant BIXBY CONSTRUCTION, wherein Plaintiff agreed to furnish and install
flooring materials to the Project. A true and correct copy of the agreement is attached
hereto as Exhibit "B". In exchange for Plaintiff's agreement to furnish and install flooring
materials, Defendant BIXBY CONSTRUCTION agreed to pay Plaintiff the sum of
$36,000.00.
21. Pursuant to said agreement, Plaintiff provided labor, materials and services
for the Project in question and did so pursuant to the terms of the contract. The labor,
materials and services were actually used in the work of improvement.
22. Plaintiff has performed all of the conditions, covenants and promises under
the contract on its part to be performed.
23. Although demand therefore has been made since the materials and labor
were furnished as alleged above, only a portion of the contract price has been paid, and
the sum of $11,000.00 is now due and owing to Plaintiff. Defendant breached said

contract by refusing, and continuing to refuse to pay amounts due and owing.