Hi5 Furniture filed its lawsuit in state court in Platte County, Mo., on Jan. 30. It was removed to the U.S. District Court for the Western District of Missouri on March 1.
On June 13, 2016, at the insistence and request of the defendant, Hi5 sold and delivered certain goods and merchandise with a value and price of $78,124.18 to be paid 50 percent down at the time of shipment and the other half to be paid within 30 days of the date of shipment.
Hi5 claims the prices charged for the goods were reasonable and proper and that the defendant promised and agreed to pay for them.
Although often requested to do so, the defendant has refused and continues to refuse to pay the balance due, according to the suit.
Hi5 claims it first demanded payment on July 20, 2016, and the defendant agreed to pay a 2 percent service charge per month on all past-due accounts.
As of Nov. 30, 2016, a service charge of $3,219.97 was due and unpaid, according to the suit.
Hi5 is seeking damages in the amount of $78,124.18 on the original sale and for $3,219.97 for service charges. It is being represented by Gregory A. Carpenter of Carpenter Law Office.
Contemporary Galleries of West Virginia is represented by Brendan J. Murphy of Martin Pringle.
U.S. District Court for the Western District of Missouri case number: 5:17-cv-06025
