Bulldozer transaction results in lawsuit

By Annie Cosby | Feb 6, 2014

SUMMERSVILLE -- A company is suing after a customer fails to pay full price for a bulldozer transaction.

X-S Iron Used Vehicles, Trailers and Equipment LLC filed a lawsuit Jan. 10 in Nicholas Circuit Court against O'Bryan Excavating LLC and Larry O'Bryan, citing the reception of goods or services by false pretenses.

According to the complaint, on May 14, O'Bryan Excavating contracted to buy a 2006 John Deere bulldozer, parts and installation services from X-S Iron. The plaintiff says on May 24, O'Bryan Excavating delivered a cashier's check and another check for the remaining $11,648.93 and received the bulldozer.

According to the lawsuit, the second check was rejected by the bank for insufficient funds and was later found to be post-dated, which O'Bryan did not tell X-S Iron.

X-S Iron is seeking the remainder of the bulldozer price as well as interest and fees. X-S Iron is being represented in the case by attorney Harley E. Stollings. The case has been assigned to Circuit Judge Gary L. Johnson.

Nicholas Circuit Court Case No. 14-C-4


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