Rental company sues over alleged breach of agreements

By Travis Zuellig | Feb 5, 2016

PRINCETON — A company based in Salem, Virginia, is suing two companies and two individuals for alleged breach of agreements and damage to personal property.

Carter Machinery Co. Inc. filed a lawsuit on Jan. 25 in the Mercer Circuit Court against Mt. View Resources Inc., AWC Operations Inc., Gary Bowen and Phillip Edwards.

According to the complaint, Bowen, on behalf of Mt. View, entered into a credit financing agreement with Carter on March 17, 2013, in which invoices for equipment rentals are due upon receipt and invoices for parts and services are due on the 10th day of the month. On July 29, 2014, the lawsuit says, Edwards, who works for Mt. View, contacted Carter to arrange a rental for an excavator and rented the machine.

During the rental period, Mt. View sublet the equipment to AWC, which violates the rental agreement, the plaintiff alleges. Also, there was damage done to the equipment during its use and Carter sent Mt. View an invoice for nearly $55,000, but Mt. View only paid $22,500, according to the lawsuit, which says Mt. View agreed to pay the remaining fee but has failed to do so.

Carter seeks a judgment against all of the defendants, for Mt. View to pay the remaining due plus interest, and interest for breach of contacts. The plaintiff is represented by Steven B. Wiley of the Wiley Law Offices PLLC in Norfolk.

Mercer Circuit Court Case number 16-C-16-WS

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