Man says Garrett Tire failed to pay more than $25,000

By Kyla Asbury | Jul 10, 2013

CHARLESTON - A man is suing Garrett Tire Corp. for failing to pay more than $25,000 owed to him.

On Dec. 8, 2010, and Jan. 5, 2011, James L. Cabell and Garrett entered into agreements wherein Cabell paid $11,800 and $15,919.77 and Garrett agreed to repay the total amount, according to a complaint filed June 18 in Kanawha Circuit Court.

Cabell claims Garrett has only paid $2,600 of the amount due.

The defendant has failed to pay Cabell the agreed upon balance due on the amount owned, which is $25,119.77 due to no fault of the plaintiff, according to the suit.

Cabell claims Garrett entered into an agreement when it agreed to pay the amount in full and breached the agreement when it failed to pay the $25,119.77 owed.

As a result of the defendant's breach of agreement, Cabell has suffered damages that can be ascertained with reasonable definiteness, according to the suit.

Cabell is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Nicholas S. Preservati and Sarah Ghiz Korwan of Preservati Law Offices PLLC.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1152

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