Ohio company sues excavating company for breach of contract

CHARLESTON -- MH Equipment - Ohio LLC is suing Burdette Excavating LLC after it claims it breached its leasing agreement.

David Burdette, a member of Burdette Excavating LLC, was also named in the suit.

MH Equipment - Ohio and the defendants entered into a number of separate lease agreements under which the plaintiff agreed to lease several pieces of equipment and Burdette would make payments, according to a complaint filed Feb. 7 in Kanawha Circuit Court.

The company claims the defendants have failed to pay for the equipment, which included a Kobelco Excavator, a JCB SkidSteer, a John Deere mini excavator and a JCB roller, which breached the lease agreements.

In January and February, the plaintiff was able to retrieve the Kobelco Excavator and the John Deere mini excavator, according to the suit.

MH Equipment - Ohio claims the defendants had a duty to pay the monthly lease payments and repair payments in a timely manner and failed to do so.

The company is seeking judgment in the amount of $128,498.39 plus pre- and post-judgment interest. It is being represented by Spencer D. Elliott.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 11-C-209

Editor's Note: Burdette Excavating LLC and Burdette Excavating are two separate companies. Burdette Excavating LLC is the company named as a defendant in this lawsuit.