Putnam man sues McLain Surgical Supply for breach of contract

By Kyla Asbury | May 17, 2011

CHARLESTON -- A Putnam County man is suing McLain Surgical Supply after he claims it failed to sell his medical equipment and failed to return it to him.

CHARLESTON -- A Putnam County man is suing McLain Surgical Supply after he claims it failed to sell his medical equipment and failed to return it to him.

On April 8, 2001, C. Frank Mynes Jr. and the defendant entered into a written contract in which McLain Surgical Supply agreed to sell his medical equipment for him, according to a complaint filed April 7 in Kanawha Circuit Court.

Mynes claims the defendant took physical possession of the medical equipment and has neglected to either return it to him or compensate him for it.

The defendant has failed and refused to perform its part of the contract, according to the suit.

On Oct. 4, 2007, Mynes claims he demanded the defendant return the medical equipment or compensate him for its value, but the defendant refused to do so.

Mynes claims the medical equipment was worth $8,045 when the defendant took physical possession of it.

The defendant breached its contract and caused Mynes to suffer monetary damages, emotional distress, anguish, sorrow, grief, psychological and emotional trauma and loss of enjoyment of life, according to the suit.

Mynes is seeking compensatory damages in the amount of $8,045 and punitive damages. He is being represented by Michael L. Myers.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 11-C-572

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