MOOREFIELD – A Pennsylvania lumber company is suing a West Virginia cabinet company over a past due balance.

Babcock Lumber Co. filed a lawsuit June 1 in Hardy Circuit Court against Fertig Cabinet Co., alleging breach of contract or, in the alternative, unjust enrichment.

The suit states Babcock Lumber sold certain goods to Fertig Cabinet, which received and accepted the goods. Fertig Cabinet made a payment of approximately $840, but still owes a past due principal amount of $8,632.33, the suit states.

Babcock Lumber seeks to recover the amount still due, together with continually accruing interest at the statutory rate of 7 percent per annum from June 23, 2014, for a total of $9,181.96, plus costs of the suit.

The plaintiff is represented by attorney John R. Keating of Amato Keating and Lessa in Bethlehem, Pennsylvania. The case has been assigned to Circuit Judge H. Charles Carl III.

Hardy Circuit Court Case number 15-C-33




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