CHARLESTON – Mountain State Motor Fuels, LLC, is suing Pinnacle Creek after it claims it has failed to pay more than $80,000.
Pinnacle Creep Operations, Inc. and Pinnacle Creek Properties, LLC are named as defendants in the suit.
PPI sold fuel and provided services related to the sale of that fuel to the defendants, according to a complaint filed Feb. 27 in Kanawha Circuit Court.
Mountain State claims as of Jan. 26, 2012, it purchased the debt and obligations of certain PPI customers owing to PPI, including the defendants.
Pursuant to the contract of sale, the defendants promised to pay Mountain State for fuel and services delivered and provided to the defendants, according to the suit.
Mountain State claims on Oct. 19, the defendants made their last payment for fuel and services provided to them by the plaintiffs under the contract of sale and the defendants continued to receive fuel deliveries and services from the plaintiff under the contract of sale, but failed to pay for the fuel and services.
On Nov. 14, Mountain State notified the defendants that they were in default under the contract of sale for the failure to make timely payments for fuel and services provided and it made written demand for payment on the balance due, according to the suit.
Mountain State claims on Feb. 11, it notified the defendant again of its default and demanded payment, but the defendants failed and refused to make payments.
As of Feb. 22, the balance due by the defendants under the contract of sale was $80,424.25, and the defendants’ failure to pay is a breach of contract, according to the suit.
Mountain State is seeking compensatory damages with pre- and post-judgment interest. It is being represented by Nathanial K. Tawney, J. Thomas Clark and Bradley J. Schmalzer of Flaherty Sensabaugh Bonasso, PLLC.
The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 13-C-403