Petroleum Products says trucking firm didn't pay for $30,000 in fuel
Kyla Asbury Aug. 2, 2011, 5:56am
CHARLESTON -- Petroleum Products, Inc., is suing B&C Trucking, Inc., after it claims the company breached its contract and failed to pay for more than $30,000 in goods and services.
Gary Canterbury, the president and shareholder of B&C Trucking, was also named as a defendant in the suit.
Petroleum Products and B&C Trucking agreed that Petroleum would provide B&C fuel and related products and that B&C would pay for the products, according to a complaint filed June 28 in Kanawha Circuit Court.
Petroleum Products claims Canterbury personally guaranteed B&C Trucking's payment obligations.
After providing the defendants with substantial quantities of its products, B&C failed and refused to pay for the fuel, according to the suit.
Petroleum Products claims the defendants breached their contract by failing to pay for the products and have an outstanding balance of $30,579.14.
By retaining the plaintiff's products without paying for them, B&C has been unjustly enriched to the extend of the value of the products, according to the suit.
Petroleum Products is seeking judgment against the defendants in the amount of $30,579.14 plus pre- and post-judgment interest. It is being represented by Spencer D. Elliott.
The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 11-C-1081