Cabell retailer sued for failing to pay for gasoline
Drew Smith Mar. 22, 2006, 7:14am
HUNTINGTON – John W. Clark Oil is suing a Cabell County retail gasoline distributor for breach of contract after the company failed to pay for $36,780.87 worth of fuel.
In a suit filed March 20, Clark Oil claims that Countywide Retail Center and one its associates, Suren Chamian, purchased the fuel but have yet to pay for it.
At issue is a 10-year contract Clark Oil signed with Cecil W. Hart in October 1997 to sell and deliver gasoline, diesel fuel and kerosene to Route 2 Shopping Center.
As part of the contract, Clark Oil provided Hart with four MPD fuel dispensers, one kerosene dispenser, one diesel fuel dispenser and a 48 foot by 50 foot canopy.
According to the contract, Clark Oil retained ownership of the equipment, which is valued at $67,049.04.
On March 3, 2004, Countywide and Chamian purchased the interest of Hart and the Route 2 Shopping Center and agreed to maintain the contractual relationship.
The suit claims the defendants then purchased the gasoline but refused to pay for it, thus breaching their contract.
As a result of the defendants' breach of contract, the suit claims Clark Oil's ownership interest in the equipment is jeopardized in that it could be damaged or not maintained.
According to the suit, Chamian and Countywide have co-mingled funds and assets and are "so intermingled and interspersed that they are not separate entities in law and/or in equity."
The suit also claims that Chamian is currently housed in the San Diego Correctional Facility.
Clark Oil alleges that the Countywide's failure to pay for the fuel and continuing use of the equipment constitutes an unjust enrichment to the defendants and Clark Oil is entitled to payment for the full value of the amount of fuel for which the defendants have not paid.
Clark Oil is seeking judgment in the amount of the fuel, in the amount of the equipment or the equipment itself, and pre and post-judgment interest.
The case has been assigned to Judge David M. Pancake.
Cabell Circuit Court case number: 06-C-181