A Texas couple who wanted to give their 12-year-old son a special present of Dallas Cowboys tickets last season is suing the ticket broker who allegedly kept their money and never delivered them.

Joe and Ashley Fisher of Lumberton, TX paid broker John Landry of Landry’s Tickets $1,255.70 for two 50-yard-line tickets to the Cowboys vs. New York Giants game on December 14, 2008. The tickets were ordered back in June and were supposed to arrive at least two weeks before the game, which was the Cowboys’ second-to-last at their old stadium.

Not only did the tickets not arrive, the couple claims they never received their money back. When reached at home earlier today, Ashley Fisher declined to comment on the case.

“The company never responded to numerous phone calls, letters and faxes,” attorney Ed Fisher, Joe’s brother, told TicketNews. “Clearly, they either sold them to someone else for more money, or they never had them at all. And instead of returning the money, they decided to steal it.”

From the lawsuit, which accuses Landry of violating the Texas Deceptive Trade Practices Act:

On approximately December 1st, 2008, Mrs. Fisher started calling Landry’s Tickets and they would not return her phone calls. Mr. Fisher then began calling Landry’s Tickets and his calls were not returned initially. Mr. Fisher faxed a letter to Landry’s Tickets requesting that they call his office and that send the tickets. Neither Landry’s Tickets personnel nor Mr. Landry ever made contact with Plaintiffs prior to the event. The tickets were never delivered. The tickets were a gift to Mrs. Fisher’s son, for receiving a good report card. This was supposed to be a special event to be attended by a mother and son to watch a game at the old ‘Texas Stadium,’ which can never happen in the future, due to the grand opening of ‘Jerry World.’

“We weren’t going to let this go,” attorney Fisher said.

On the company’s Web site, Landry claims to have “more than 17 years experience in the ticket broker industry and has started brokerages in Florida, Colorado and California in addition to Texas.

From the company’s Web site (misspellings), “No customer is to large or to small, whether it is two tickets for a local concert or two hundred tickets for the Super Bowl, Landry’s Tickets is the best choice for all your ticketing needs local, national, and worldwide.”

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At least one of the phone numbers listed on the site is out of service, but when reached today on his cell phone, Landry claimed he had the tickets in his possession and tried to contact the Fishers three days before the game but was unsuccessful. He denied he never refunded the Fishers their money, claiming he credited their American Express card the following week.

He said he received notice of the lawsuit, which he considers “extortion,” but he has not yet been physically served with the papers.

“Customer service is what’s important in this business, and I tried to reach them that I had the tickets but they never got back to me. I do everything I can, but it’s hard to please everyone,” Landry said.

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