IN THE COUNTY COURT OF THE FOURTH JUDICIAL
CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA
SMALL CLAIMS DIVISION
DAVID BASEBALL,
Case No.: 20-000001
Plaintiff,
v.
SCOTT MOUTH,
Defendant.
____________________________________/
STATEMENT OF CLAIM
Plaintiff, DAVID BASEBALL (“Baseball”) sues Defendant SCOTT MOUTH (“Mouth”) and states:
1. This is a small claims action for damages of not more than $8,000.00 per claim exclusive of interest and attorney’s fees.
2. Baseball is a resident of the State of Florida.
3. Mouth is a resident of the State of Florida.
4. Venue is proper in Duval County, Florida due to the parties’ written agreement.
5. All conditions precedent has been met waived or excused.
COUNT I
BREACH OF CONTRACT
6. Baseball re-alleges paragraph 1 through 5.
7. Baseball and Mouth entered into a written Agreement in May of 2020. (attached hereto as Exhibit “A”)
8. Pursuant to the Agreement Baseball was to pay to Mouth $750.00 for a 10-pound bag of used marbles that “must be in good and satisfactory condition as is customary in the State of Florida.”
9. Baseball provided payment as agreed and Mouth delivered the used marbles.
10. Mouth breached the agreement by delivering marbles that were not in a good and satisfactory condition. (See Exhibit “B”)
11. Mouth’s breach of the Agreement has caused damage to Baseball.
WHEREFORE, Baseball respectfully requests that this Honorable Count enter judgment against Mouth for all allowable damages, interest together with any other relief this Court deems just and proper.
Dated this 7th day of July 2020.
Respectfully submitted,
____DAVID BASEBALL____
DAVID BASEBALL
AGREEMENT
This is a contract made between SCOTT MOUTH (“Seller”), and DAVID BASEBALL (“Buyer”) entered into this Agreement on this 21st day of May 2020.
WHEREAS, Seller has a bag of used marbles to sell.
WHEREAS, Buyer wishes to by those marbles.
NOW, THEREFORE, in consideration of the mutual promises made herein, and for good and valuable consideration which is hereby acknowledged, the parties agree as follows:
1. PURCHASE PRICE, Buyer agrees to pay to Seller $750.00 for a 10 pound of used marbles upon delivery of the marbles to an agreed upon location.
2. DELIVERY DATE. The marbles must be delivered no later than the 1st day of June 2020.
3. CONDITION OF MARBLES. The marbles must be in good and satisfactory condition as is customary in the State of Florida.
4. APPLICABLE LAW. This contract is governed by the laws of the State of Florida.
5. VENUE/JURISDICTION. Buyer and Seller agree that exclusive venue and jurisdiction for this Contract shall be in the County Court of the Fourth Judicial Circuit in and for Duval County, Florida
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date above written.
__SCOTT MOUTH ______________
SCOTT MOUTH Seller
__DAVID BASEBALL_________________
DAVID BASEBALL, Buyer
Exhibit “A”
Exhibit “B”
