HUNTINGTON -— A man is suing a couple for breach of contract after he agreed to pay him $527,000.
On June 24, 2008, David and Tammy Bias signed a note promising to pay George Thomas Marshall $527,000 with interest from Feb. 1, 2009, at the rate of 5 percent per annum, according to a complaint filed Oct. 9 in Cabell Circuit Court.
Marshall claims on April 20, 2009, the Biases paid a sum of $23,818.65 to the West Virginia State Auditor to redeem the real estate encumbered by the deed of trust and by doing this, defaulted on the note they signed to him.
According to the suit, after all proper credits, including the sum of $400,000 applied to their debt from the proceeds of a trustee's sale under the deed of trust on Aug. 5, the Biases owe Marshall the sum of $165,967.07 plus interest at the rate of 5 percent from Oct. 6 until paid.
Marshall also claims that on June 24, 2008, the Biases signed a note promising to pay him $33,000 with interest from Feb. 1, 2009, at the rate of 5 percent per annum and they also defaulted n this note. According to the suit, the Biases owe him a sum of $34,121.09 plus interest at the rate of 5 percent from Oct. 6 until paid.
Marshall is suing for the amounts of $165,967.07 and $34,121.09. He is being represented by Andrew H. Miller.
The case has been assigned to Circuit Judge David M. Pancake.
Cabell Circuit Court case number: 09-C-821