West Virginia Record

Monday, February 17, 2020

Electric motor supplier alleges payments overdue

By Philip Gonzales | Aug 17, 2016

Late 03

CLAY — An electric motor supplier is suing Marco Mining Supply Inc., a Kentucky corporation, citing alleged fraudulent and negligent misrepresentation.

Gould's Electric Motor Repair Inc. filed a complaint on July 22 in Clay Circuit Court against Marco Mining Supply Inc., alleging that the Kentucky corporation breached its express and implied contract in which it agreed to pay for the plaintiff's performance.

According to the complaint, the plaintiff alleges that between August 2015 and January 2016, it completed work as agreed upon and in a timely and workmanlike manner and submitted invoices in the total amount of $74,528.92. Despite numerous attempts to collect payment, the invoiced amounts due remains unpaid, the suit says. The plaintiff holds Marco Mining Supply Inc. responsible because the defendant allegedly failed to pay for the plaintiff's labor and services.

The plaintiff requests a trial by jury and seeks judgment against the defendant in the amount of $74,528.92, plus pre- and post-judgment interest, attorney's fees, costs and expenses and such other relief as the court deems just and proper. It is represented by Michael W. Asbury Jr. of Asbury Law Office PLLC in Clay.

Clay Circuit Court Case number 16-c-25

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Clay Circuit Court