WEST VIRGINIA RECORD

CHARLESTON - A Wood County man claims a Kanawha County equipment company breached its contract.

Jerry Chapman of Parkersburg filed a suit April 3 in Kanawha Circuit Court against State Equipment Inc., Alan Pasel and Jason Lamm.

Chapman claims he was looking on the Internet for used Kubota tractors and found advertisements for two of the tractors from State Equipment.

On Feb. 1, 2007, Chapman was told the two used Kubota B7610 tractors were for sale, the suit says.

On Feb. 9, 2007, Chapman went to Cross Lanes to see the tractors, one of which was at the business. Chapman claims he was told the other was at the owner's house.

According to the suit, Chapman then bought one tractor for $6,100, with the agreement the company would deliver it to Mineral Wells near Parkersbug. Chapman and Jason Lamm then signed a bill of sale for $6,466, which was the total amount after taxes. Chapman claims he was told the tractor would be delivered the following week.

However, Chapman claims the delivery did not occur and called State Equipment to see if and when the tractor was going to be delivered to Parkersburg. Each time, Alan Pasel gave him varying excuses as to why there had been no delivery, the suit says.

On Feb. 14, 2007, Pasel told Chapman the wrong tractor had been mistakenly sold to him because the tractor Chapman has purchased actually belonged to a church, the lawsuit states.

According to the suit, Chapman told Pasel that State Equipment needed to fulfill its part of the contract and deliver the tractor to him, and then reminded Pasel there was another tractor for sale. Pasel said State Equipment did not have another such tractor for sale, according to the complaint.

Also, Jason Lamm informed Chapman the price of the tractor was now $9,950 because the wrong stock number had been placed on it for the advertisement, the suit says. Chapman was also informed the second tractor was not for sale.

Chapman claims State Equipment violated state code by fraudulently representing their product and breached the contract he had with the company.

Chapman, through attorney Timothy Amos, seeks judgment against the defendants for the violations of West Virginia Code.

The case has been assigned to Judge Paul Zakaib.

Kanawha Circuit Court case number 07-C-636