Westwood Mining breached coal agreement, suit says

By Kyla Asbury | Jul 10, 2013

CHARLESTON - A man is suing Westwood Mining Co. Inc. after he claims it breached its agreement with him.

Homer A. Hopkins and Westwood entered into an agreement on Jan. 2, 1990, in which Westwood agreed to pay Hopkins 50 cents for each ton of coal mined, removed and sold from the premises in an arms-length transaction to pay Hopkins on the 20th day of each month, according to a complaint filed June 19 in Kanawha Circuit Court.

Hopkins claims On May 3, Edward A. Asbury, the president of Westwood, contacted him and informed him that Westwood had no obligations under the agreement.

On June 3, Asbury contacted Hopkins and reiterated Westwood's repudiation of the agreement, according to the suit.

Hopkins claims at no time did Westwood inform him of the mining of the coal from the premises or provide him with an accounting of the amount of coal mined and sold from the premises.

At no time has Westwood paid Hopkins the sums due to him pursuant to the agreement, according to the suit.

Hopkins claims by failing and refusing to pay him the sums due under the terms of the agreement, Westwood breached its obligations and caused him to sustain damages.

Upon being provided with an accounting, Hopkins seeks judgment of and from Westwood in the amount of 50 cents for each and every ton of coal mined and sold from the premises from Jan. 2, 1990, with pre-judgment interest, according to the suit.

Hopkins is seeking compensatory damages. He is being represented by Stephen L. Thompson of Barth & Thompson and Karl K. Kindig of Karl K. Kindig Attorney at Law PLC.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-1159

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