CHARLESTON – A Kanawha County petroleum company has sued a Virginia company for an outstanding balance of more than $50,000.
In the lawsuit, filed last month in Kanawha Circuit Court, Petroleum Products Inc. says it sells to Michael Lambert, doing business as Little Acorn Oil Co. of Duffield, Va., at various locations.
In the suit, filed by attorney John A. Singleton, Petroleum Products says the defendant has failed to pay an invoice for $9,393.59 and owes $3,907.80 on another invoice.
The suit states that Lambert alleges he has paid four different invoices with a check in the amount of $36,489.19. But Petroleum Products says it does not have any record of receiving this payment.
Lambert also says he has paid for three other invoices with check for $3,557.50. But again, the plaintiff has no record of receiving this payment.
Petroleum Products says Lambert and Little Acorn owes a total amount of $53,348.08. With one payable amount owed to the defendant by the plaintiff, the net amount due is $50,763.24.
Petroleum Products says Lambert and Little Acorn are guilty of breach of contract because they didn't pay for products and services. The company seeks the full amount due plus court costs, attorney fees, the cost of the action and other relief.
The plaintiff seeks a jury trial.
The case has been assigned to Circuit Judge Paul Zakaib.
Kanawha Circuit Court case number: 05-C-2759