American Asphalt sues company over $60K debt

By Kyla Asbury | Nov 7, 2012

WAYNE – American Asphalt & Aggregates, Inc., is suing Supreme Asphalt Maintenance, LLC, for failing to pay more than $60,000 for materials it agreed to purchase.

During 2010 and 2011, Supreme purchased asphalt material from American and agreed to pay for the materials, according to a complaint filed Oct. 10 in Wayne Circuit Court.

American claims in accord with the contract, Supreme also agreed to pay service charges on any and all balances that became past due beyond the established term for payment and to pay the reasonable collection fees if the account was placed with an attorney or agent for collection purposes.

Supreme picked up the materials at American’s place of business in Kenova, according to the suit.

American claims the defendant has breached its contractual obligations by failing and refusing to pay the principal sum of $69,491.84 due for the asphalt material bought on credit.

Despite American having made several attempts to collect the principal amount owed by the defendant, the attempts have been unsuccessful as the defendant continues to refuse to pay for the materials supplied, according to the suit.

American is seeking compensatory damages in the amount of $69,491.84 with pre- and post-judgment interest. It is being represented by Charles M. Johnstone II.

The case has been assigned to Circuit Judge James H. Young Jr.

Wayne Circuit Court case number: 12-C-237

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