Suit claims dog kennel breached contract

By Audrey Holsclaw | Aug 14, 2008

WHEELING -- An Ohio County man has filed a federal lawsuit following a breach of contract and breach of partnership fiduciary duty.

Dean Miner of Wheeling has filed a lawsuit against Vince Berland of Kansas after Berland allegedly failed to follow through on his contractual responsibilities.

In August 2003, Berland and Miner signed an agreement establishing a partnership to start the Flying Eagles-Miner Kennel, court papers say.

Two of the many terms of the agreement were that Berland weekly would hand over five percent of the gross profit that the kennel to Miner and Miner would have the benefit of selecting any of Berland's greyhound puppies.

Filed on Aug. 8, the lawsuit states that Berland never came through for Miner - no profit, no puppy.

In the suit filed by Paul Harris of Wheeling, Miner's also claims Berland owed a fiduciary duty to him to put the partnership's best interest before his own.

He said he believes this was also breached when Berland did not deliver on the puppy and five percent cut from Flying Eagles-Miner Kennel.

The lawsuit was filed in federal district court because Miner said he believes the amount in question far exceeds $75,000, although the sum is not specified in the suit.

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