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A Texas restaurant is facing a lawsuit after a local attorney threatened to sue them after failing to receive a free cup of soup.

Eatery Our Place received a letter from attorney Dwain Downing this week, warning of legal action if the restaurant did not compensate him for “damages” for failing to provide him a free soup last Saturday.

“I just couldn’t believe it,” Benji Arslanovski, the owner of Our Place told CBS11.

The restaurant offers customers a complimentary cup of soup with orders for as long as it’s available.

Downing ordered the daily special for US$7.95, which included an entree, two sides, and bread, but did not receive soup because the restaurant had run out.

“The meal comes with two sides already,” said Arslanovski. “Like I said, it’s just a free cup of soup.”

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Downing requested to substitute the free soup for an extra side or a discounted meal, but was denied.

Downing is now claiming the restaurant is misleading customers.

“I don’t think it’s right for someone to advertise one thing and not follow through with it,” he told CBS11. “If I didn’t do it, no one else would.”

Downing’s letter demanded Arslanovski “pay $2.25 in damages and $250.00 in attorney’s fees.”

According to the Our Place website, the specials “include a cup of our home made soup. While supplies last, no substitutions.”

The restaurant has been offering customers free soup since opening in 1985.

“My dad is a chef, and he always made homemade soups,” said Arslanovski. “But, nobody would buy soups. It’s hot in Texas, so he started offering a cup of soup with lunch.”

Arslanovski joked that he is looking forward to telling his dad about the letter, saying he never imagined the soup was worth suing over.