I, Juris, hereby declare that on December 10, 2004, I gave to Enrique Almeida a check, number 1160, a copy of which is attached, in the amount of two thousand nine hundred dollars ($2,900.00), constituting a deposit of one-half of the total orally agreed-upon sum of five thousand eight hundred dollars ($5,800.00) for kitchen cabinets that Mr. Almeida stated would be manufactured and installed in the kitchen of my residence at (((ROR REDACTED ADDRESS FOR SECURITY PURPOSES))), within three (3) weeks of the above-mentioned date. Upon giving the check to Mr. Almeida, I received a receipt, copy attached, for the two thousand nine hundred dollars ($2,900.00), which was signed by Mr. Almeida's wife and purported business partner, Angela Almeida.
Shortly after taking my order for the cabinets, Enrique Almeida made it known he would be returning to college, working toward his goal of a career change. At that point, I expressed to Mr. Almeida my concerns that he would not have time to complete the cabinets I had commissioned him to manufacture and that perhaps the order should be canceled. He assured me, however, that the classes he planned to take would have absolutely no bearing on his ability to manufacture the cabinets in question within the time frame he had stated. Following that conversation, all of my subsequent enquiries were met with only excuses, such as his having been away from home for several months at a time. At the beginning of January, 2006, exact date unknown, I went to the Almeidas' residence and place of business in an effort to determine what if any progress was being made with regard to the construction of said cabinets. At that time Mr. Almeida said he had just returned from San Antonio after having been there for approximately two months and that he would be resuming construction of the cabinets, not withstanding the fact that I saw no evidence that any work had been performed up to then. A few days later, Mr. And Mrs. Almeida stopped in at my home, at which time they stated they were on their way to purchase additional lumber to replace some that allegedly had been damaged by moisture while Mr. Almeida was in San Antonio. Again, the Almeidas stated that the cabinets would be completed soon. Up to then, on the rare occasions I had managed to reach either one of them by telephone, each time I was told the cabinets would be ready in just another two or three weeks. Wanting to give Mr. Almeida sufficient time to complete the job after our meeting in January, 2006, I waited until May, 2006, to contact him again. After several unsuccessful attempts to reach either of the Almeidas by telephone throughout the month of May, I finally reached Mrs. Almeida on June 5, 2006, at which time she told me her husband had been working in Denver, Colorado, since January and would not be returning to the El Paso, Texas, area for another three months, if then. When I requested that Mr. Almeida contact me or that she provide me a telephone number where I could reach him, she said she had not spoken with him in over a month and did not know how or where he could be reached. Mrs. Almeida then said I could either have the frames her husband had made before leaving for Denver or she would refund the two thousand nine hundred dollars ($2,900.00). I asked if I could see the frames, and on
June 12, 2006, Mrs. Bergs and I, accompanied by another cabinet maker, whom I subsequently commissioned to make the cabinets, went to the Almeidas' residence and place of business to inspect the frames in question to determine what, if anything, would be required to make them suitable for completing the cabinets. When Angela Almeida mentioned that if I accepted the frames there would be no monetary refund, I decided not to take the frames since it was the professional opinion of the third-party cabinet maker that the frames, without doors or drawers, are not worth the two thousand nine hundred dollars ($2,900.00) I had already paid the Almeidas.
In conclusion, with the exception of the cabinet frames mentioned herewith, no finished cabinets appeared to be forthcoming from the Almeidas. Therefore, I chose to cancel my agreement with Enrique and Angela Almeida and subsequently entered into a new contract with the other cabinet maker.
Juris
El Paso, Texas
U.S.A.
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