IN THE DISTRICT COURT OF CANADIAN COUNTY
STATE OF OKLAHOMA
FLYING K LAND SERVICE, LLC,
Plaintiff,
vs.
JIMMY PERCIVAL, JR., AND BANCFIRST,
Defendants.
Case No. CJ 2026-12
VERIFIED PETITION
COMES NOW, Plaintiff, Flying K Land Service, LLC (hereinafter "Plaintiff" or "Flying K"), for its action against Defendants, Jimmy Percival, Jr. (hereinafter "Percival") and BancFirst, alleges and states as follows:
1. Plaintiff Flying K is a domestic limited liability company doing business in Oklahoma.
2. Defendant Percival is an individual and owner of certain real property in Canadian County, Oklahoma that is more particularly described herein.
3. Defendant BancFirst is a domestic corporation doing business in the State of Oklahoma.
4. Venue is proper under 12 O.S. §137 as the events or commissions giving rise to Plaintiff's claims occurred in Canadian County, State of Oklahoma.
FACTUAL BACKGROUND
Plaintiff fully incorporates each allegation in the preceding paragraphs of this Petition as if each were fully iterated verbatim herein.
5. Prior to the subject of this dispute, Percival and Flying K’s principal owner Jeremy Knox had a longstanding friendship. Based on this friendship, Percival approached Flying K to help him with a construction project on his property, located at 10709 Darlington Road NW Property, Calumet, Oklahoma (the “Project” and/or “Project Property”).
6. Specifically, Flying K and Percival entered into an agreement whereby Flying K agreed to provide labor in connection with the construction of a metal building shell and interior framing in relation to the Project Property. Percival agreed to pay Flying K the agreed upon sum of $25,000 for its services related to the metal building and $2,700 for the interior framing Ex. 1, March 7, 2022, Invoice. The agreed upon sum of $2,700 for the interior framing was a verbal agreement.
7. Thereafter, Percival delayed start of the Project until 2024.
8. Flying K subsequently provided labor and fully completed its contractual obligations owed to Percival on the Project Property in 2024, to wit:
a. In June of 2024, Flying K completed the framing for the metal building shell. Flying K invoiced Percival on June 17, 2024, in the amount of $8,750 for the completed labor and services provided on the Project Property. Ex. 1-A, June 17, 2024, Invoice. No complaints, objections or concerns about workmanship were raised by Percival. Percival paid this invoice.
b. In August of 2024, Flying K installed the doors and windows on the metal building and prepared it for the spray foam insulation. Flying K invoiced Percival on August 9, 2024 in the amount of $8,750 for the completed labor and services provided on the Project Property. Ex. 1-B, August 9,
2024, Invoice. No complaints, objections or concerns about workmanship were raised by Percival. Percival paid this invoice.
c. In October of 2024, Flying K completed the metal sheeting on the eve and the remaining exterior trim work on the metal building and completed all the interior framing. Flying K then made demand for payment of the remaining balance of $7,500 that was owed for the completed labor on the metal building shell and payment of $2,700 owed for interior framing that was completed on the Project Property. This time, however, Percival refused to make payment, contending for the first time that no further payments would be made until half of the Project was complete.
9. As a result, and after several failed attempts to obtain payment from Percival for the labor that had been performed and completed on the Project Property, Percival was notified by Flying K that it would not agree to undertake any additional work on the Project until payment for the completed labor and service that had already been furnished had been received. Failing to receive payment, Flying K removed its equipment from the Project Property.
10. At no time prior to this did Percival ever advise Flying K of any workmanship issues with the metal building shell or interior framing. Instead, in November 2024, Percival advised Flying K that if payment was not being made "fast enough then [Flying K] needed to get a lawyer, [and] [o]ther than that, [he would] get back to [Flying K] when [he] made a decision" about whether to pay Flying K or not. Percival then ceased all communications with Flying K. Percival never appraised Flying K of any decision on whether payment of the outstanding amounts owed for labor that was completed on the Project Property would be paid or not.
11. On December 24, 2024, Flying K sent an invoice to Percival in the amount of $12,240. This amount reflects the remainder owed for labor on the completed metal building shell ($7,500), framing of all interior walls ($2,700), and 10% interest ($2,040) on sixty (60) days past due balance. Ex. 1-C, Dec. 24, 2024, Invoice. No payment was received.
12. As a result of Percival’s refusal and failure to pay the balance owed to Flying K, Jermey Knox, as principal owner, recorded a Mechanic’s Lien on January 7, 2025, in the amount of $12,240 at Book 117, Page 670-672, in the Office of County Clerk for Canadian County (herein after the “Lien”). Ex. 2, Lien.
13. As of this filing, Percival has refused to pay Flying K the unpaid balance shown in the December 24, 2024, Invoice for the labor and services performed and furnished on the Project Property.
FIRST CAUSE OF ACTION
BREACH OF CONTRACT
Plaintiff fully incorporates each allegation in the preceding paragraphs of this Petition as if each were fully iterated verbatim herein.
14. Flying K and Percival formed a contract in which Percival agreed to pay Flying K for labor and services in relation to certain construction work to be performed on Percival’s Project.
15. Flying K performed said work, fulfilling its contractual obligation to Percival.
16. Percival has failed and refused to pay Flying K, in violation of the express and implied terms of his contract with Flying K.
17. As a direct result of Percival’s breach of contract, Flying K has not been paid for labor and services provided on said Project Property.
18. Although demand has been made, Percival has refused to pay the full amount due and owing to Flying K and is in breach of the contract.
19. Flying K is entitled to recover the balance owed of $12,240 from Percival, plus all applicable interest, costs and reasonable attorneys’ fees.
SECOND CAUSE OF ACTION
UNJUST ENRICHMENT/QUANTUM MERUIT
Plaintiff fully incorporates each allegation in the preceding paragraphs of this Petition as if each were fully iterated verbatim herein.
20. Flying K furnished valuable services to Percival with the reasonable expectation of being compensated. Percival knowingly accepted the benefit of the labor and services furnished by Flying K and Percival would be unfairly benefitted by the labor if no compensation was paid to Flying K.
21. The reasonable value of the labor and services furnished by Flying K is $12,240.
THIRD CAUSE OF ACTION
FORECLOSURE OF MECHANIC’S LIEN
Plaintiff fully incorporates each allegation in the preceding paragraphs of this Petition as if each were fully iterated verbatim herein.
22. On January 7, 2025, Jeremy Knox, as principal owner of Flying K, filed a Lien (attached hereto as Exhibit 2) to secure payment for and on account of labor and services performed and furnished on Percival’s Project Property, as more fully described, to wit:
A tract of land in the Northwest Quart (NW/4) of the Northeast Quarter (NE/4) of Section Twenty-Nine (29), Township Thirteen (13) North, Range Eight (8) West of the Indian Meridian, Canadian County, Oklahoma, more particularly described by meets and bounds as follows:
Beginning at the Northwest corner (NW/C) of the Northeast Quarter (NE/4) of Section Twenty-Nine (29);
Thence S 89°51'00'' E between Sections 20 and 29 a distance of 620.00 feet;
Thence S 02°24'00'' E a distance of 220.00 feet;
Thence S 08°48'40'' W a distance of 164.00 feet;
Thence S 51°45'20'' W a distance of 145.00 feet;
Thence S 43°26'43'' W a distance of 153.21 feet;
Thence S 35°08'20'' W a distance of 175.00 feet;
Thence S 25°19'40'' W a distance of 387.00 feet;
Thence N 89°51'00'' W a distance of 100.00 feet;
Thence N 00°58'00'' W along the North and South Quarter Section line a distance of 1078.10 feet to the Point and Place of Beginning, commonly known as 10709 Darlington Road NW Property, Calumet, Oklahoma.
23. Defendant BancFirst may claim some right, claim, tile, lien, estate, encumbrance, claim or assessment interest in and to the Project Property covered by the Lien. Flying K alleges any such interest, if any, is junior and subject to the priority lien of Flying K.
24. Flying K is entitled to judgment against Defendants, adjudging that said Lien be foreclosed and have the Project Property sold to satisfy the unpaid balance in the amount of $12,240 with accrued interest thereon, plus interest accruing at the rate ten percent (10%) from December 24, 2024, until paid; costs and a reasonable attorney fee as allowed by law and such other and further relief as the Court deems just and proper.
Respectfully submitted,
JEFF D. MARR, OBA No. 16080
CAROLE DULISSE, OBA No. 18047
MARR LAW FIRM
3100 NW 149th Street
Oklahoma City, Oklahoma 73134
Telephone: (405) 236-8000
Facsimile: (405) 236-8025
Email:
[email protected]
[email protected]
Attorneys for Plaintiffs
ATTORNEYS’ LIEN CLAIMED
JURY TRIAL DEMANDED
Flying K Land Services
16520 NCR 3120
Maysville, OK 73057
Phone: (405) 207-6934
INVOICE
INVOICE # DATE
XXX 3/7/2022
BILL TO
Jimmy Percival
CUSTOMER ID TERMS
Estimate
<table>
<tr>
<th>DESCRIPTION</th>
<th>QTY</th>
<th>UNIT PRICE</th>
<th>AMOUNT</th>
</tr>
<tr>
<td>Total from #1 Estimate</td>
<td>1</td>
<td>23,091.35</td>
<td>23,091.35</td>
</tr>
<tr>
<td>Walk Thru Door</td>
<td>2</td>
<td>650.00</td>
<td>1,300.00</td>
</tr>
<tr>
<td>Window</td>
<td>12</td>
<td>200.00</td>
<td>2,400.00</td>
</tr>
<tr>
<td>Cement Slab</td>
<td>46</td>
<td>130.00</td>
<td>5,980.00</td>
</tr>
<tr>
<td>Garage Door</td>
<td>2</td>
<td>1,200.00</td>
<td>2,400.00</td>
</tr>
<tr>
<td>Labor for cement</td>
<td>3000</td>
<td>2.75</td>
<td>8,250.00</td>
</tr>
<tr>
<td>Labor for building</td>
<td>1</td>
<td>25,000.00</td>
<td>25,000.00</td>
</tr>
<tr>
<td>Rental equipment</td>
<td>1</td>
<td>2,500.00</td>
<td>2,500.00</td>
</tr>
</table>
Thank you for your business!
SUBTOTAL 70,921.35
TAX RATE -
TAX -
TOTAL $ 70,921.35
If you have any questions about this invoice, please contact
[Jeremy Knox,
[email protected]]
EXHIBIT 1
Flying K Land Services
16520 NCR 3120
Maysville, OK 73057
Phone: (405) 207-6934
BILL TO
Jimmy Percival
INVOICE#
FKLS2409 6/17/2024
CUSTOMER ID TERMS
DESCRIPTION QTY UNIT PRICE AMOUNT
Build frame for building and ready to skin 1 8,750.00 8,750.00
Thank you for your business!
SUBTOTAL 8,750.00
TAX RATE
TAX -
TOTAL $ 8,750.00
If you have any questions about this invoice, please contact [Jeremy Knox,
[email protected]]
EXHIBIT 1-A
Flying K Land Services
16520 NCR 3120
Maysville, OK 73057
Phone: (405) 207-6934
BILL TO
Jimmy Percival
INVOICE
INVOICE # DATE
FKLS2410 8/9/2024
CUSTOMER ID TERMS
<table>
<tr>
<th>DESCRIPTION</th>
<th>QTY</th>
<th>UNIT PRICE</th>
<th>AMOUNT</th>
</tr>
<tr>
<td>Install doors and windows sheet building and get ready for spray foam</td>
<td>1</td>
<td>8,750.00</td>
<td>8,750.00</td>
</tr>
<tr><td></td><td></td><td></td><td>-</td></tr>
<tr><td></td><td></td><td></td><td>-</td></tr>
<tr><td></td><td></td><td></td><td>-</td></tr>
<tr><td></td><td></td><td></td><td>-</td></tr>
<tr><td></td><td></td><td></td><td>-</td></tr>
<tr><td></td><td></td><td></td><td>-</td></tr>
<tr><td></td><td></td><td></td><td>-</td></tr>
<tr><td></td><td></td><td></td><td>-</td></tr>
<tr><td></td><td></td><td></td><td>-</td></tr>
<tr><td></td><td></td><td></td><td>-</td></tr>
</table>
Thank you for your business!
SUBTOTAL 8,750.00
TAX RATE
TAX
TOTAL $ 8,750.00
If you have any questions about this invoice, please contact
Jeremy Knox,
[email protected]
EXHIBIT 1-B
Flying K Land Services
16520 NCR 3120
Maysville, OK 73057
Phone: (405) 207-6934
BILL TO
Jimmy Percival
INVOICE
INVOICE # DATE
FKLS2411 12/24/2024
CUSTOMER ID TERMS
Due Upon Receipt
<table>
<tr>
<th>DESCRIPTION</th>
<th>QTY</th>
<th>UNIT PRICE</th>
<th>AMOUNT</th>
</tr>
<tr>
<td>Payment for rest of building labor</td>
<td>1</td>
<td>7,500.00</td>
<td>7,500.00</td>
</tr>
<tr>
<td>Framing of all interior walls</td>
<td>1</td>
<td>2,700.00</td>
<td>2,700.00</td>
</tr>
<tr>
<td>10% Late Fee 30 days late</td>
<td>2</td>
<td>1,020.00</td>
<td>2,040.00</td>
</tr>
</table>
Thank you for your business!
SUBTOTAL 12,240.00
TAX RATE
TAX -
TOTAL $ 12,240.00
If you have any questions about this invoice, please contact
[Jeremy Knox,
[email protected]]
EXHIBIT 1-C
STATE OF OKLAHOMA
COUNTY OF CANADIAN
Know all men by these presents:
That I,
Jeremy Knox
16520 NCR 3120 Maxville, Ok 73057
have a claim against
Simmy Percival Jr. 10703 Darlington Rd NW Calumet, ch 73014
for the sum of twelve thousand two hundred forty dollars, ($12,240.00)
due to me, and that the claim is made for and on account of Labor & Site Fees
So r Building.
and that such work was performed or materials supplied by me was last performed or supplied on
the 24 day of October 2024, according to an itemized statement thereof hereto attached, marked "Exhibit A" and made a part of this statement, and that such work, labor, or materials were done in pursuance of a contract with
Simmy Percival Jr.
and was performed upon the building and premises owned by said:
10703 Darlington Rd NW - Calumet, ch - 73014
and described as follows: T13N R08W S29 NE4
A #3 NE4-BEL @ NW/C, TH E620' SE220'
SW 164' SW 145' See Attached for Complete Legal
in said County and State; that the sum is just due and unpaid, and I have and claim a lien upon said building and upon the said premises on which the same is situated, to the amount of $12,240.00
as above set forth according to the laws of the State of Oklahoma.
Dated this 20th day of February 2025
Jeremy Knox
Not Official
State of Oklahoma ss,
County of Canadian
Sereney Dee Knox, of lawful age, being first duly sworn, upon oath, says: That he is the claimant mentioned in the foregoing statement of Mechanic's Lien that he had read said statement and knows the contents thereof; that the name of the owner, the name of the contractor, the name of the claimants, the description of the property upon which the lien is claimed and the items of the account as therein set forth, are just, true and correct.
Sereney Knox
1/27/05
Subscribed and sworn to before me this 7th day of January 2005.
My Commission Expires:
My Commission Number:
ROSE BOYD
STATE OF OKLAHOMA
(NOTARY PUBLIC)
EXHIBIT 2
Ret to:
OLD REPUBLIC TITLE
4040 N. TULSA
Oklahoma City, OK 73112
KNOW ALL MEN BY THESE PRESENTS:
WARRANTY DEED
STATUTORY FORM - INDIVIDUAL
That JIMMY J. PERCIVAL, and LURALEE PERCIVAL, husband and wife, parties of the first part, in consideration of the sum of TEN AND NO/100 dollars, and other valuable considerations, in hand paid, the receipt of which is hereby acknowledged, do(ES) hereby grant, bargain, sell and convey unto JIMMY PERCIVAL, JR., party of the second part, the following described real property and premises situated in Canadian County, State of Oklahoma, to-wit:
A tract of land in the Northwest Quarter (NW/4) of the Northeast Quarter (NE/4) of Section TWENTY-NINE (29), Township THIRTEEN (13) North, Range EIGHT (8) West of the Indian Meridian, Canadian County, Oklahoma, more particularly described by metes and bounds as follows:
BEGINNING at the Northwest corner (NW/C) of the Northeast Quarter (NE/4) of Section TWENTY-NINE (29);
THENCE S 88°51'00" E between Sections 20 and 29 a distance of 620.00 feet;
THENCE E 02°29'40" W a distance of 220.00 feet;
THENCE S 08°48'40" W a distance of 145.00 feet;
THENCE S 51°45'20" W a distance of 145.00 feet;
THENCE S 43°26'43" W a distance of 153.21 feet;
THENCE S 35°08'20" W a distance of 175.00 feet;
THENCE S 25°19'40" W a distance of 187.90 feet;
THENCE N 89°51'00" W a distance of 100.00 feet;
THENCE N 00°58'00" W along the North and South Quarter Section line a distance of 1078.10 feet to the POINT AND PLACE OF BEGINNING.
RECORDING TO:
JIMMY PERCIVAL, JR.
10703 DARLINGTON ROAD NW, CALUMET, OK 73014
TAXES TO:
JIMMY PERCIVAL, JR.
10703 DARLINGTON ROAD NW, CALUMET, OK 73014
together with all the improvements thereon and the appurtenances thereto belonging, and warrant the title to the same.
TO HAVE AND TO HOLD said described premises unto the said party(IES) of the second part, his heirs and assigns forever, free, clear and discharged of and from all former grants, charges, taxes, judgments, mortgages and other liens and encumbrances of whatsoever nature.
Signed and delivered this 20th day of July, 2023
[hand written signatures]
STATE OF OKLAHOMA
COUNTY OF OKLAHOMA
This instrument was acknowledged before me on this 20th day of July, 2023, by JIMMY J PERCIVAL and LURALEE PERCIVAL.
Notarial Stamp Or Seal (Or Other Title Or Rank) [signature]
Deed presented for filing by: Old Republic Title Company of Oklahoma
File# 2295427
Underwriter: American Guaranty Title Insurance Company
LELANIA GOYER
NOTARY PUBLIC
STATE OF OKLAHOMA
Commission # 0201585 Expires 09/17/28
