Tiger sued
By JIMMY GALVAN Managing Editor

Mike Bruce, owner of Bruce's Pulp and Paper, LLC, filed a lawsuit in Jasper County's District Court Wednesday, Oct. 10 against Tiger Truck over the failed property sale for the plant.

John Seale, lawyer for Bruce, said the lawsuit is seeking either the fulfillment of the sales price for the property or for Tiger Truck owner Michael S. Ward to pay damages resulting from alterations and changes to the property.

"There are two remedies for this lawsuit," Seale said. "One remedy is what the law calls specific performance, which means you have to go through with the deal like you originally contracted to do.

"The second remedy is to sue for the damages that were sustained by the plaintiff in reference to the contract," Seale said. "The changes to the property made it inadaptable for what it had been used for before."

Ward and Tiger Truck had no comment on the lawsuit.

According to the lawsuit, after Bruce and Ward entered into agreement for the former LP sawmill for $4.25 million, Tiger Truck entered the premises "and proceed with work consisting of numerous changes in the buildings on the property in order to make them adapted to the desires of the Defendant for placing a business therein. In order to do this, Bruce had to remove tenants from the property and allow Ward exclusive use thereof."

In June of 2007, Ward informed Jasper officials of his intention of breaking off the deal with Bruce and soon thereafter moved the plant's location to Poteau, Oklahoma.

The lawsuit is asking the court to complete the transaction and for Ward and Tiger Truck to pay $4.25 million for the property.

"In the alternative, Bruce requests that Ward be ordered to pay Bruce for its damages resulting from the alterations and changes to the property making it unsuitable for purposes for which it had been used by Bruce in the past," the lawsuits states.

Seale said Ward and Tiger Truck needed a valid reason to back out of this contract because of the renovations that were done by the Dallasbased company to the facility before the finalization of the contract.

"It would be like if you had a house for sale but you allowed the proposed buyer to come in remodel the house and then change his mind about buying it," Seale said.

Bruce is also filing to recover lost income that he incurred as a result of having to vacate the former LP plant for Tiger Truck's use.

"We don't have a total amount because they are still being incurred because there are no tenants out there," Seale said.