CHARLESTON – Montgomery Equipment Company Inc. is suing PBS Coals Inc. after it claims it breached its contract and failed to pay more than $150,000.
PBS contacted MEC to repair a Fletcher D013 roof bolter and, following the repair, MEC arranged for transport of the roof bolter to the defendant's mine site in Friedens, Pa., according to a complaint filed March 18 in the U.S. District Court for the Southern District of West Virginia.
MEC claims despite complete contractual performance on its part, PBS failed to pay MEC the total sum of $160,232.
The plaintiff issued two invoices to PBS, but the defendant has failed to pay the invoices, according to the suit.
MEC claims despite demands for payment and complete contractual performance on its part, PBS has failed and refused to pay MEC sums in the amount of $160,232 in addition to interest at the industry standard rate of 10 percent per annum.
The defendant breached its contract with MEC and has been unjustly enriched at PBS's expense, according to the suit.
MEC is seeking judgment in the amount of $160,232 with interest. It is being represented by Jason S. Hammond and Charles R. Bailey of Bailey & Wyant PLLC.
The case is assigned to District Judge John T. Copenhaver Jr.
U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-03298