Man says Diversified Services violated agreement

CHARLESTON – A man is suing Diversified Services, LLC, after he claims it violated its agreement with him.

Daniel C. Kessler was also named as a defendant in the suit.

On May 16, 2011, Ulysses G. Young III and Kessler entered into a partnership agreement, according to a complaint filed Jan. 23 in Kanawha Circuit Court.

Young claims he provided funding in the amount of $40,000 for the purchase of a Kenworth truck unit, along with a vacuum truck to be used by Diversified Services.

The partnership agreement required all profits generated from the use of the Kenworth truck unit and the vacuum truck to be placed in an interest-bearing bank account maintained by both Young and Kessler, who is the owner of Diversified Services, according to the suit.

Young claims on Oct. 21, 2011, he notified the defendants of his intent and desire to dissolve the partnership by letter, requesting a full accounting of income, expenses and profits of the partnership.

Sometime after Young notified the defendants on his intent to dissolve the partnership, he obtained and sold, with knowledge and consent of the defendants, the Kenworth truck unit, according to the suit.

Young claims the vacuum truck remains in the defendants’ possession and use.

At the time that Young formally notified the defendants on his intent to dissolve the partnership, the joint bank account contained approximately $8,587 and on Aug. 3, Kessler fraudulently and without permission or knowledge, withdrew $8,000 and converted the funds to his own benefit and use, according to the suit.

Young claims the defendants violated the agreement.

Kessler knowingly, purposely and fraudulently and in violation of the agreement, converted “monies and profits of the partnership from the joint partnership bank account to his own benefit and use,” and those actions caused Young harm, according to the suit.

Young is seeking compensatory damages with pre- and post-judgment interest. He is being represented by David A. Ford.

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

Kanawha Circuit Court case number: 13-C-143