WHEELING – A man is suing U.S. Cavalry Stores for breaching its contract with him and causing him damages.
ERMC Property Management Company of Illinois LLC; and U.S. Cavalry LLC were also named as defendants in the suit.
In 2012, Walter John Lesnett made several orders of retail law enforcement equipment from the defendants' website, for which his credit account was charged, but the items were never given to him, according to a complaint filed Feb. 20 in Ohio Circuit Court.
Lesnett claims on March 28, 2013, U.S. Cavalry Stores filed for relief pursuant to Chapter 11 of the U.S. Bankruptcy Code.
Despite the fact that Lesnett was then a creditor of the defendant, based upon it charging him and never tendering items ordered, the defendants failed to list Lesnett as a creditor and failed to include him on its mailing matrix, according to the suit.
Lesnett claims in September 2013, in order to rectify the situation and avoid litigation and claims against it, U.S. Cavalry Stores offered to send to him any retail items offered for sale on its website at 50 percent of the asking retail price if ordered through the end of 2013's calendar year.
On Dec. 25, 2013, Lesnett placed on order for two EOTech HHS rifle sights at a retail cost of $1,089.99 each, which would cost him $1,0899.99 for two, pursuant to the negotiated agreement, according to the suit.
Lesnett claims in July, U.S. Cavalry Stores sold its retail business to ERMC and U.S. Cavalry LLC additionally acquired ownership interests in the website in May. The defendants failed to ship the items to him until October, and, in doing so, charged im $2,179.98, instead of the agreed upon price of $1,089.99.
Believing the overcharging of his credit card was simply an oversight error on the defendants' part, Lesnett promptly notified the defendants of the overbilling, the agreement from September 2013 and the fact that the defendants' own invoice exhibited a charge of 50 percent of what was submitted to American Express, according to the suit.
Lesnett claims at first, agents of the defendants advised him that it was an accounting error, however, the defendants later advised Lesnett that they would not abide by the promises and agreements made in September 2013 and that if he desired his money refunded, they would only do so if ordered by a court.
The defendants' actions are a breach of contract and constitute fraud, according to the suit.
Lesnett is seeking compensatory and punitive damages with interest. He is being represented by Gail W. Kahle of Kahle Law.
Ohio Circuit Court case number: 15-C-63
