Two Putnam business sue same Raleigh business for breach of contract

By Lawrence Smith | Mar 12, 2010

WINFIELD - Two Putnam County industrial material suppliers have filed breach of contract lawsuits against a Raleigh County business they say owes them a combined $30,000.

Foster Supply of Scott Depot and Trinity Rebar and Concrete Supplies of Winfield filed separate lawsuits on Feb. 22 in Putnam Circuit Court against Raleigh Hardware Company. In their respective suits, Foster and Trinity each allege the Mabscott-based company failed to honor their agreement to pay for goods and services sold to them on credit.

In its suit, Foster says it entered into its agreement with Raleigh Hardware on April 26. Though what Foster sold Raleigh Hardware is not specified in court records, they place the value at $8,084.50.

After "complete contractual performance" on their part, Foster says Raleigh Hardware failed to pay what was owed. Raleigh Hardware, Foster alleges, failed to make payment despite several occasions made to collect what was due.

Along with the principal amount of the materials, Foster seeks accrued interest between April 26, 2009 and Feb. 19 of $463.45, post-judgment interest from Feb. 19 at seven percent, collection costs and attorney fees.

In its suit, Trinity alleges it sold $24,578.53 in unspecified supplies on an unspecified date in 2007 to Raleigh Hardware. Between then, and May 15, they paid $4,000 toward their debt.

In exchange for waiving any interest and not filing a suit, Trinity agreed to accept monthly payments from Raleigh Hardware to pay off its debt. However, should Raleigh Hardware fail to honor the agreement, Trinity reserved the right to file a lawsuit to collect on the outstanding debt as well as seek reimbursement of its legal costs including attorney fees.

Trinity's suit does not specify Raleigh Hardware's monthly payments, and how many, if any, they made. Nevertheless, Trinity alleges Raleigh Hardware's "failure to satisfy its debt and to fulfill its contractual obligations as described herein constitutes conversion, breach of contract, and breach of duty of good faith and fair dealing."

Foster Supply is represented by Mary K. Prim with the Charleston law firm of Johnstone, Gabhart and Prim. Trinity is represented by Hurricane attorney Richard E. Holtzapfel.

Both cases are assigned to Judge Phillip M. Stowers.

Putnam Circuit Court case numbers 10-C-72 (Foster Supply) and 73 (Trinity Rebar)

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