Lawsuit: Blacktopman owes more than $20,000
Kyla Asbury Jan. 9, 2013, 9:35am
WAYNE – American Asphalt & Aggregates, Inc., is suing Blacktopman, Inc., claiming the company owes more than $20,000 for asphalt material.
On Nov. 22, 2011, Blacktopman entered into a commercial credit application and sale’s agreement with American Asphalt for the purchase of asphalt material, according to a complaint filed Dec. 7 in Wayne Circuit Court.
American Asphalt claims by entering into the agreement, it took deliberate action to conduct business in West Virginia and made itself purposefully available to the benefits of conducting business with American Asphalt and in the state.
Blacktopman was responsible for payment to American Asphalt on all asphalt invoices 30 days from the date of the invoice, according to the suit.
American Asphalt claims on March 26, it provided Blacktopman with asphalt material in the amount of $11,591.44 and on April 2, it provided Blacktopman with asphalt material in the amount of $13,073.86.
Blacktopman failed and refused to pay the invoice balances totaling $24,665.30 for asphalt material, according to the suit.
American Asphalt claims Blacktopman breached its contract and caused damages by failing to pay for the asphalt materials.
Blacktopman was unjustly enriched by retaining the benefit of the asphalt material provided by American Asphalt without having made payment for it, according to the suit.
American Asphalt is seeking compensatory damages in the amount of $24,665.30 plus agreed-upon interest and pre- and post-judgment interest. It is being represented by Charles M. Johnstone II.
The case has been assigned to Circuit Judge Darrell M. Pratt.
Wayne Circuit Court case number: 12-C-276