Kelly Company sues Good Earth Horticulture for failure to pay

By Kyla Asbury | Aug 8, 2012

CHARLESTON -- Kelly Company, Inc. is suing the Good Earth Organics Corporation after it claims it has failed to pay commissions due.

The Good Earth Organics Corporation is also known as Good Earth Horticulture.

On July 14, 2008, Kelly Company, Inc. entered into a sales representative agreement with the defendant which appointed Kelly as exclusive sales representative for the defendant's products through North Carolina, South Carolina, Tennessee, Virginia, Georgia and Kentucky, according to a complaint filed July 19 in Kanawha Circuit Court.

Kelly Company claims within the agreement, the defendant agreed to pay commission to Kelly for all sales, but failed and refused to do so.

On March 20, 2010, the defendant notified Kelly Company that it was terminating the agreement effective 30 days from receipt of the letter, according to the suit.

Kelly Company claims the defendant's failure to pay all commissions due is a breach of contract.

The defendant's actions have caused Kelly Company to suffer economic loss, according to the suit.

Kelly Company is seeking judgment in an amount to be determined by the court. It is being represented by Rick Holroyd.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 12-C-1410

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