WINFIELD – A man planning to buy a hot dog vending truck wants his down payment back.

James J. Moore filed a lawsuit May 25 in Putnam Circuit Court. In the complaint, he says Joey Simonton and Joey's Ice Cream Trucks agreed to equip a Chevy Step Van as a hot dog vending truck. Moore says he was assured that his truck would be ready within three weeks of receipt of a down payment.

On March 20, he says he made a down payment of $11,925 to the Charleston-based Joey's Ice Cream Trucks.

In the complaint, filed by attorney Patrick B. Anderson, Moore says he then repeatedly called and tried to contact the defendant, but always would told to wait another two weeks for delivery of his truck.

After nine weeks of waiting for his truck, Moore says he requested the return of his down payment. Again, the complaint says, Simonton insisted the truck would be ready soon.

Now, Moore says he "has concern about accepting the truck now" because "if its preparation is hurried and thrown together at the last minute, safety may well be compromised."

He seeks to have Simonton return his down payment as well as pay for court costs, attorney fees and other relief.

The case has been assigned to Circuit Judge Ed Eagloski.

Putnam Circuit Court case number: 06-C-172

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