Vendor sues carry-outs for non-payment

WHEELING — A Wheeling business is suing two Ohio food service companies and their owner, alleging breach of contract.

Chas. M. Sledd Company of Wheeling filed a complaint in Ohio Circuit Court against Wellsville King’s Carryout Inc., doing business as Kwik King Food Stores of Wellsville, Ohio; East Liverpool King’s Carryout Inc., doing business as Kwik King Food Stores of East Liverpool, Ohio; and Fadi A. Mourra, personal guarantor, of Brooklyn, Ohio, alleging breach of contract in April.

According to the complaint, in March 2012, Mourra, principal officer and owner of both establishments, sought a commercial credit account with Sledd giving his personal guaranty of obligation to the plaintiff.

After Sledd Company accepted the application it made deliveries of merchandise to the defendants, who received them at fair prevailing market prices, the suit states, but the defendants have failed to remit any payment for the products despite repeated demands.

Alleging breach of contract, Sledd says it is owed $74,436.99 plus interest of $1,414.31 by Wellsville King’s Carryout, and $10,251.31 plus $194.78 in interest by East Liverpool King’s Carryout as of May 8, totaling $86,297.39.

Chas. M. Sledd Company seeks damages of $86,297.39, plus interest, attorney fees and costs. It is represented by attorney Shawn McClure of Bernstein-Burkley in Pittsburgh. The case has been assigned to Circuit Judge Martin J. Gaughan.

Ohio Circuit Court case number 15-C-136-MJG