Company says it wants money for Quiznos location

By Kelly Holleran | Feb 26, 2009

HUNTINGTON -– A company has filed suit against the owner and manager of the Barboursville Quiznos, alleging they would not hand over ownership of the restaurant after the company paid more than $50,000 for it.

During the summer, RDJ alleges it entered into negotiations with Duane Mills, manager of the Barboursville Quiznos, and KDKM, the owner of the restaurant, to purchase the Quiznos.

KDKM agreed to sell the Quiznos, along with all equipment, inventory and other assets on the premises for $50,000, according to the complaint filed Jan. 8 in Cabell Circuit Court.

However, before the sale was executed, Mills informed RDJ that KDKM did not have enough cash flow to maintain operations of the restaurant and that it was five months behind on it rent payments, the suit states.

To fund operations of the Quiznos until the sale could be complete, Mills convinced RDJ to advance the purchase price -- $52,056.55 -- before the execution of the sale agreement, RDJ alleges.

"Upon information and belief the advancement was used by or on behalf of the defendants to pay unpaid rent, purchase inventory, and otherwise satisfy operating expenses of the Quiznos Sub Restaurant," the suit states.

However, the sale agreement between KDKM and RDJ was never executed and KDKM and Mills have refused to reimburse RDJ for the advancement, according to the complaint.

KDKM and Mills have been unjustly enriched by the advancement, RDJ claims.

In the two-count suit, RDJ is seeking unspecified compensatory damages, interest, costs and expenses, attorneys' fees and other relief to which it is entitled.

It is represented by J. Mark Adkins and Greg S. Foster of Bowles, Rice, McDavid, Graff and Love in Charleston.

Cabell Circuit Court case number: 09-C-0020

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