Country club hasn't paid for cooling tower
Chris Dickerson Aug. 31, 2006, 9:32am
WINFIELD – A Nitro-based heating and cooling company claims the general manager of a Putnam County country club pulled a Wimpy, saying he'd gladly pay for a air conditioning system the following Friday.
Air Conditioning Design Inc. filed the lawsuit against Sleepy Hollow Country Club on Aug. 16 in Putnam Circuit Court, saying the club owes nearly $30,000 for an installed air system.
In the complaint, filed by attorney Clifford F. Kinney Jr., ACD claims Sleepy Hollow General Manager Jeff McKinney contacted the company in April 2005 to supply and install a Recold fluid cooling tower in the club's clubhouse.
ACD agreed to sell the tower to the club at the wholesale cost of $19,975 plus tax and agreed to furnish crane services, labor and materials for the installation and the disposal of the existing tower for $5,940.
According to the complaint, Sleepy Hollow was required to pay half of the contracted amounts up front and the balance upon delivery of the cooling tower. ACD says McKinney agreed to those conditions, signing a work order and a sales invoice which also said the club agreed to pay 1.5 percent interest on any invoice not paid within 30 days and that the club would pay attorney fees and court costs if ACD had to bring legal action to collect.
ACD, however, says McKinney then said the club didn't have the funds to pay half of the costs in the invoice before the tower was ordered and asked to be billed. ACD agreed.
Then, on May 24, 2006, ACD installed the cooling tower and asked for payment in full.
"McKinney again represented that the club did not have the funds to pay for the goods and services, but promised to make payment on the Friday following the installation date," the complaint states.
So, ACD says it relied on McKinney's word and installed tower. Then, it billed Sleepy Hollow for $27,113.50. But, so far, ACD says the club has refused to pay.
ACD also says it ordered a heat pump at the club's request for $1,989. However, the club has refused to accept the pump, and ACD seeks that amount, too.
In the seven-count complaint, ACD accuses Sleepy Hollow of breach of contract, promissory estoppel, unjust enrichment, breach of duty of good faith and fair dealing, fraud and negligent misrepresentations. It also seeks to have a mechanic's lien filed on June 28 enforced.
The company seeks whole, incidental, consequential, punitive damages, interest, court costs, attorney fees and other damages. ACD requests a jury trial.
The case has been assigned to Circuit Judge Ed Eagloski.
Putnam Circuit Court case number: 06-C-275