Barnes Agency says pharmacy breached contract

By The West Virginia Record | Jun 9, 2015



WINFIELD – The Barnes Agency is suing Custom Script Pharmacy after it claims the company breached its contract and caused damages.

J. Barnes & Associates is doing business as the Barnes Agency and Custom Script Infusion Vital Care is doing business as Custom Script Pharmacy.

On Feb. 1, 2013, the Barnes Agency and Custom Script entered into a contract in which Barnes provided advertising services to Custom Script, according to a complaint filed May 22 in Putnam Circuit Court.

Barnes claims the compensation clause of the contract provided that Custom Script agreed to pay $5,000 per month for the entire scope of services rendered between Feb. 1, 2013, and Jan. 31, 2016.

On April 13, Custom Script sent an e0mail to Barnes proposing to terminate the contract and amend the business relationship to a per diem basis effective immediately, according to the suit.

Barnes claims Custom Script alleged that it was entitled to terminate the contractual agreement because 85 percent of insurance companies with whom it previously did business ceased to pay for compounds.

Custom alleged that this action by 85 percent of the insurers with whom it did business caused it to be unable to honor its contractual obligations to Barnes, according to the suit.

Barnes claims Custom sent an e-mail on April 18, instructing Barnes to terminate all services effective immediately.

On April 21, Fifth Third Bank rejected Custom Script's check made payable to Barnes for the month of April because of non-sufficient funds, according to the suit.

Barnes claims the defendant breached its contract.

Barnes is seeking compensatory damages in the amount of $50,000. It is being represented by Michael J. Farrell of Farrell White & Legg PLLC.

The case is assigned to Circuit Judge Joseph Reeder.

Putnam Circuit Court case number: 15-C-129

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