CJ-2025-00274 - SE Feeders Durant, LLC, d/b/a Hardy Farms v. Virgil Bailey, d/b/a Bailey Feed

What's This Case About?

Let’s be honest: nothing says “high drama” quite like a 17-ton truckload of custom cattle feed sparking a legal war. But in rural Oklahoma, where the stakes are measured in corn prices and credit terms, a $12,909.92 unpaid bill isn’t just a number—it’s a full-blown range war, paperwork edition. Welcome to the courtroom showdown between SE Feeders Durant, LLC—fancy name, corporate vibe, doing business as Hardy Farms—and Virgil Bailey, a small-time cattleman from Antlers, Oklahoma, who apparently forgot to pay for enough feed to sustain a small nation of cows.

So who are these people? On one side, we’ve got Hardy Farms, a limited liability company based in Durant, Bryan County, that sells feed, grain, and other bovine buffet items. They’re the big(ish) fish in a small pond—organized, incorporated, and, most importantly, represented by counsel. J.W. Morgan, OBA #36730 (yes, the bar number is in the filing, because Oklahoma lawyers are nothing if not thorough), is here to make sure every penny is accounted for. Hardy Farms isn’t just selling feed—they’re selling it with terms. And those terms come with 1.5% monthly interest, which, if you’re bad at math, is an 18% annual interest rate—more than most credit cards charge. Yikes.

On the other side of the feed trough, we have Virgil Bailey, a man living the quiet life in Antlers, Oklahoma—a town so rural it makes “middle of nowhere” sound like downtown Manhattan. He runs Bailey Feed, a one-man (or one-family) cattle operation, breeding and raising livestock in Pushmataha County. He’s not incorporated. He’s not represented by a lawyer. He’s just a guy with cows, a feed order, and now, a lawsuit. The relationship between Bailey and Hardy Farms seems simple: he buys feed, they deliver it. It’s a classic agribusiness handshake deal—except with scale tickets, invoices, and a clause that would make a loan shark blush.

Now, let’s talk about what went down. Between December 13, 2024, and February 17, 2025, Bailey placed five separate orders for feed. Not just any feed, mind you—custom Bailey feed mix (yes, named after him, like a personal brand), whole corn, and DDG (that’s “distillers dried grains,” or, as we like to call it, “leftover beer mash for cows”). The first three shipments went out on December 13, totaling nearly $6,300. Then, two more on February 17, adding another $6,600. All told, that’s 12,909.92 reasons why Hardy Farms is now very, very annoyed.

The invoices are crystal clear: pay within 30 days, or get hit with 1.5% interest per month. That’s not a suggestion—it’s printed in bold on every scale ticket, like a tiny legal curse at the bottom of a receipt. And according to Exhibit A (a.k.a. “the paper trail of doom”), every single invoice is now “Over 90 days” past due. Not 31-60. Not 61-90. Over 90. That means the interest has been piling up like hay bales in a barn—quietly, steadily, and with compound fury. Hardy Farms says they’ve made “repeated demands.” We don’t know if those were polite phone calls, stern emails, or dramatic in-person visits with clipboard-wielding enforcers, but we do know one thing: Virgil Bailey did not pay.

So why are they in court? Because this isn’t just about feed. It’s about contract law, baby. Hardy Farms is suing for “breach of contract”—a fancy way of saying, “You agreed to pay, you didn’t, and now we’re taking you to court.” The claim is straightforward: we delivered the goods as agreed, you accepted them (no complaints, no returns, no “this corn is stale” drama), and yet, radio silence on the payment front. In legal terms, that’s a textbook breach. And since the contract included an interest clause and a jurisdiction clause (yes, Bailey allegedly agreed to let Bryan County courts handle any disputes—more on that later), Hardy Farms isn’t just asking for the principal. They want the interest, the court costs, and attorney’s fees. Because nothing says “I mean business” like billing for the lawyer who bills you for billing.

Now, what do they want? $12,909.92. Is that a lot? For a cattle operation, maybe not—it’s less than the price of a decent pickup truck. But for a small farmer in rural Oklahoma, that’s several months’ worth of feed, a year’s property tax, or a whole lot of vet bills. For a company like Hardy Farms, it’s probably a rounding error. But principle matters. And so does precedent. If they let one farmer slide, what’s to stop the next? Suddenly, the entire feed economy of southeastern Oklahoma is on a payment plan it never agreed to. So no, this isn’t just about the money. It’s about the message. And the message is: pay up, or we’ll see you in Bryan County court.

Here’s the kicker: Hardy Farms didn’t just file in any court. They filed in Bryan County, where they’re based—even though Virgil Bailey lives and operates in Pushmataha County, nearly 50 miles away. But wait, didn’t Bailey agree to that? According to the fine print on every invoice, yes. The document literally says: “Customer irrevocably consents… to submit any and all such matters… to the exclusive jurisdiction of the District Court of Bryan County, Oklahoma.” That means Bailey, by signing for the feed (or having his driver do it), may have waived his right to fight the venue. It’s like ordering a pizza and accidentally agreeing to be sued in Alaska if you don’t tip. Ruthless? Maybe. Legal? Probably.

Now, our take. The most absurd part of this whole saga isn’t the amount. It’s not even the 18% interest on unpaid feed. It’s the sheer bureaucracy of beef. We’re talking about a dispute over literal tons of corn and distillers’ grain—stuff that gets dumped out of trucks and eaten by cows that don’t care about contracts or interest rates. And yet, here we are, with lawyers, notaries, scale tickets, and a statement that looks like a credit card bill from the IRS. The whole thing reads like a parody of capitalism: a man buys food for animals, doesn’t pay, and now faces a court summons instead of a stern talking-to from the feed guy.

Are we rooting for the little guy? Sure. Virgil Bailey probably didn’t wake up one morning and think, “Today, I shall breach a contract and ignite a legal battle.” Maybe he’s cash-poor, maybe there was a misunderstanding, maybe his cows had a union strike and refused to produce enough milk to cover feed costs. We don’t know. But we do know this: when a feed invoice comes with a jurisdiction clause and an 18% interest rate, you’re not just buying corn. You’re signing up for a legal thriller.

So grab your popcorn, your cowboy boots, and a calculator. Because in the high-stakes world of Oklahoma cattle feed, the only thing more dangerous than a bull is an unpaid invoice. And this one’s got horns.

We’re entertainers, not lawyers. This is based on a real court filing, but we’re not giving legal advice. If you’re being sued for feed, maybe pay the bill. Just a thought.

Case Overview

$12,910 Demand Petition

Jurisdiction

District Court of Bryan County, Oklahoma

Filing Attorney

J.W. Morgan

Relief Sought

$12,910 Monetary

Plaintiffs

SE Feeders Durant, LLC, d/b/a Hardy Farms business
Rep: J.W. Morgan, OBA #36730

Defendants

Virgil Bailey, d/b/a Bailey Feed individual

Claims

#	Cause of Action	Description
1	breach of contract	unpaid invoices for feed and grain

Petition Text

1,358 words

IN THE DISTRICT COURT OF BRYAN COUNTY STATE OF OKLAHOMA SE FEEDERS DURANT, LLC, DBA HARDY FARMS, an Oklahoma Limited Liability Company, Plaintiff, vs. VIRGIL BAILEY, DBA BAILEY FEED, Defendants. PETITION Comes now the Plaintiff, and for its cause of action against the Defendants; alleges and states: 1. That the Plaintiff is an Oklahoma Limited Liability Company organized and existing under and by virtue of the laws of the State of Oklahoma with a principal place of business at Durant, Bryan County, Oklahoma, in said State. 2. That the Defendant VIRGIL BAILEY, residing in the Town of Antlers, Pushmataha County, State of Oklahoma. VIRGIL BAILEY is known to transact business under the name of BAILEY FEED. 3. That the Defendant, BAILEY FEED, is located in Antlers, Pushmataha County, State of Oklahoma. 4. That the Plaintiff is engaged in selling feed, grain, and other products that are fed to livestock. 5. That the Defendants are engaged in breeding and raising cattle in Pushmataha County, State of Oklahoma. 6. That the Defendants purchased custom Bailey feed mix, whole corn and DDG from the Plaintiff which were invoiced in various invoices commencing on December 13, 2024 until February 17, 2025. That the Defendants would buy the product detailed on the invoices from the Plaintiff and these transactions occurred in Bryan County, State of Oklahoma. The product that was detailed in each of the invoices was delivered to the Defendant as specified in each invoice as to commodity, weights and quantities and sales price. That the statement of the account and all of the invoices recited thereon, are attached to this petition and incorporated herein and identified as Exhibit "A" hereto. The individual invoices specifically stated that past due amounts are subject to a finance charge of 1.500% per month which is an annual rate of 18.00%. 7. That the Defendants have failed to pay the Plaintiff the amount of $12,909.92. That the Plaintiff has made repeated demands and the Defendants have not performed its obligation to pay for the product that was ordered by the Defendants. 8. That demand has been made on the Defendants for the payment of the above-described indebtedness and the Defendants have failed to pay. 9. Defendants owe the Plaintiff the amount of $12,909.92 and a finance charge of 1.500% per month which is an annual rate of 18.00%. WHEREFORE, Plaintiff demands judgment against the Defendants for the sum of $12,909.92, past due finance charges and costs, including reasonable attorney fees. By FOB F. JONES, OBA #015269 J.W. MORGAN, OBA #36730 921 WEST 11TH STREET, SUITE 1 SULPHUR, OKLAHOMA 73086 (580) 622-6888 ATTORNEY FOR PLAINTIFF VERIFICATION Monte Hardy, Owner of SE FEEDERS DURANT, LLC, DBA HARDY FARMS, an Oklahoma Limited Liability Company, of lawful age, being first duly sworn upon oath, says: that he read the above and foregoing Petition and knows the contents thereof, and that the statements set forth therein are true and correct as he verily believes. Monte Hardy, Owner Subscribed and sworn to before me this 31 day of October, 2025. EMMA LYLES NOTARY PUBLIC My Commission Expires: May 16, 2029 My Commission Number: 25005938 EXHIBIT A STATEMENT Statement Date: Oct 14, 2025 Customer Account ID: BAILEY FEED Hardy Farms 401 Clark Drive Durant, OK 74701 Voice: 580-920-9140 Fax: To: Bailey Feed 414038 State Hwy. 3 Anters, OK Amount Enclosed $ <table> <tr> <th>Date</th> <th>Due Date</th> <th>Reference</th> <th>Paid</th> <th>Description</th> <th>Amount</th> <th>Balance</th> </tr> <tr> <td>12/13/24</td> <td>1/12/25</td> <td>ST78406</td> <td></td> <td></td> <td>4,889.50</td> <td>4,889.50</td> </tr> <tr> <td>12/13/24</td> <td>1/12/25</td> <td>ST78407</td> <td></td> <td></td> <td>633.60</td> <td>5,523.10</td> </tr> <tr> <td>12/13/24</td> <td>1/12/25</td> <td>ST78408</td> <td></td> <td></td> <td>742.50</td> <td>6,265.60</td> </tr> <tr> <td>2/17/25</td> <td>3/19/25</td> <td>ST79643</td> <td></td> <td></td> <td>1,845.52</td> <td>8,111.12</td> </tr> <tr> <td>2/17/25</td> <td>3/19/25</td> <td>ST79644</td> <td></td> <td></td> <td>4,798.80</td> <td>12,909.92</td> </tr> </table> TOTAL 12,909.92 <table> <tr> <th>0-30</th> <th>31-60</th> <th>61-90</th> <th>Over 90 days</th> </tr> <tr> <td>0.00</td> <td>0.00</td> <td>0.00</td> <td>12,909.92</td> </tr> </table> 18% interest rate per annum added on all invoices not paid within 30 days Scale Ticket Lading Outbound Date 12/13/24 FTI Contract # Commodity Cust Baily feed mix Destination Bailey Feed CARRIER HIA8 James 17.78 x 275 = 4889.50 02:52 PM 12/13/2024 ID 11A8 66040 lb G 30480 lb T (INBOUND) 35560 lb N 17.78 tn N Cash Charge Card Check #: Signature All matters arising out of or related hereto, and all aspects of the parties current or future transactions or relationships shall be governed by Oklahoma law without regard to Oklahoma's conflicts of law provisions, and for value received. Customer irrevocably consents and agrees to submit any and all such matters, claims, and disputes at Hardy Farms' request to the exclusive jurisdiction of the District Court of Bryan County, Oklahoma, and waives any jurisdictional or venue objections to said court and any removal or transfer rights therefrom. INVOICES NOT PAID IN 30 DAYS SUBJECT TO 1.5% INTEREST CHARGE PER MONTH OVERDUE. Printed by Price's Printing • 580-924-2271 401 Clark Drive • Durant OK 74701 Office: 580-920-9140 • Fax: 580-920-9125 Toll Free: 1-800-519-3508 Scale Ticket Lading Outbound Date 12/13/24 FTI Contract # Commodity Whole Corn Destination Bailey Feed CARRIER IA8 James 2.88 x 220 = 633.60 02:57 PM 12/13/2024 ID 1148 71800 lb G 66040 lb T (INBOUND) 5760 lb N. 2.88 tN H Cash Charge Card Check #: Signature All matters arising out of or related hereto, and all aspects of the parties current or future transactions or relationships shall be governed by Oklahoma law without regard to Oklahoma’s conflicts of law provisions, and for value received. Customer irrevocably consents and agrees to submit any and all such matters, claims, and disputes at Hardy Farms’ request to the exclusive jurisdiction of the District Court of Bryan County, Oklahoma, and waives any jurisdictional or venue objections to said court and any removal or transfer rights therefrom. INVOICES NOT PAID IN 30 DAYS SUBJECT TO 1.5% INTEREST CHARGE PER MONTH OVERDUE. Printed by Price’s Printing • 580-924-2271 Scale Ticket Lading Outbound Date 12/13/24 FTI Contract # Commodity DDG Destination Bailey Feed CARRIER 11A8 James 2.97 x 250 = 742.50 Charge 03:02 PM 12/13/2024 ID 11A8 77680 lb G 71740 lb T (INBOUND) 5940 lb N 2.97 tn N Cash ☒ Charge ☐ Card ☐Check #: Signature All matters arising out of or related hereto, and all aspects of the parties current or future transactions or relationships shall be governed by Oklahoma law without regard to Oklahoma's conflicts of law provisions, and for value received. Customer irrevocably consents and agrees to submit any and all such matters, claims, and disputes at Hardy Farms' request to the exclusive jurisdiction of the District Court of Bryan County, Oklahoma, and waives any jurisdictional or venue objections to said court and any removal or transfer rights therefrom. INVOICES NOT PAID IN 30 DAYS SUBJECT TO 1.5% INTEREST CHARGE PER MONTH OVERDUE. Printed by Price's Printing • 580-924-2271 Scale Ticket Lading Outbound Date 2/17/25 FTI Contract # Commodity Whole Com Destination Bailey Feed CARRIER I4A11 Wayne 7.02+ x $236 = $1845.52 Cash Charge Card Check #: Signature All matters arising out of or related hereto, and all aspects of the parties current or future transactions or relationships shall be governed by Oklahoma law without regard to Oklahoma's conflicts of law provisions, and for value received. Customer irrevocably consents and agrees to submit any and all such matters, claims, and disputes at Hardy Farms' request to the exclusive jurisdiction of the District Court of Bryan County, Oklahoma, and waives any jurisdictional or venue objections to said court and any removal or transfer rights therefrom. INVOICES NOT PAID IN 30 DAYS SUBJECT TO 1.5% INTEREST CHARGE PER MONTH OVERDUE. Printed by Price's Printing • 580-924-2271 Scale Ticket Lading Outbound Date 2/17/25 FTI Contract # Commodity Cust Bailey Feed Mix Destination Bailey Feed CARRIER 14 Alt Wayne 17.2 + x $279 = 4798.80 Cash Charge Card Check #: Signature All matters arising out of or related hereto, and all aspects of the parties current or future transactions or relationships shall be governed by Oklahoma law without regard to Oklahoma's conflicts of law provisions, and for value received, Customer irrevocably consents and agrees to submit any and all such matters, claims, and disputes at Hardy Farms' request to the exclusive jurisdiction of the District Court of Bryan County, Oklahoma, and waives any jurisdictional or venue objections to said court and any removal or transfer rights therefrom. INVOICES NOT PAID IN 30 DAYS SUBJECT TO 1.5% INTEREST CHARGE PER MONTH OVERDUE. Printed by Price's Printing • 580-924-2271