CLAY -- A Clay County business has filed a lawsuit alleging another company entered into contracts with no intention of paying for equipment delivered.

Gould’s Electric Motors Inc. filed suit July 25 in Clay Circuit Court against White Wine Mining, a subsidiary of Brushy Fork Holdings LLC.

According to the complaint, the two companies entered into service agreements that obligated Gould’s Electric Motors to deliver mining equipment that White Wine Mining had agreed to purchase. Payment was due upon receipt of each piece of equipment, the suit states.

On Feb. 22, 2013, Gould’s delivered a 300HP Century 447T 950V 1780RPM motor to the defendant, and, on March 19, 2013, Gould’s submitted an invoice to the defendants for payment in the amount of $7,420 for the motor.

On April 3, 2013, the defendants delivered a 50HP Reliance 326T 230/460V 1770 RPM motor to the defendants and submitted an invoice for payment due in the amount of $2,650, according to the lawsuit.

Finally, on Sept. 11, 2013, the plaintiffs delivered a 20HP 256T 460V 1780 RPM motor to White Wine Mining and issued an invoice for payment due in the amount of $1,740, on Sept. 18.

The unpaid balance for all of these items is $11,720, according to the filing.

Gould’s Electric Motors says White Wine Mining has breached its express and implied contracts to pay for equipment as delivered. The plaintiff accuses White Wine Mining of knowingly misrepresenting it would pay the contracts it entered into and made intentional and negligent misrepresentations of its intention to pay.

The plaintiff seeks a judgment in the amount of $30,000, plus pre-judgment and post-judgment interest at the statutory rate, as well as attorney fees and court costs.

It is being represented by Michael J. Asbury Jr. of Asbury Law Office PLLC in Clay. The case has been assigned to Circuit Judge Richard A. Facemire.

Clay Circuit Court case number 14-C-30

 

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