West Virginia Record

Thursday, February 20, 2020

Manufacturer alleges mining equipment provider owes $136,000

By Philip Gonzales | Oct 5, 2016

CLAY — A Clay County manufacturer is suing a Kanawha County mining equipment provider, alleging fraudulent and negligent misrepresentation.

Gould's Electric Motor Repair Inc. filed a lawsuit in Clay Circuit Court against Montgomery Equipment Company Inc. alleging the defendant breached its implied and express contracts to pay for the plaintiff's performance of the work.

According to the complaint, between May 31, 2012 and April 30, 2014, Gould's built certain mining equipment in Clay County, wherein Montgomery agreed to purchase. Despite numerous attempts to collect payment, the suit says, the balance amounting to $136,980 remains unpaid. 

The plaintiff alleges Montgomery Equipment misrepresented that it would pay for work and services rendered by Gould's and fraudulently induced the plaintiff into performing such labor and services.

Gould's Electric Motor Repair seeks trial by jury, judgment of $136,980, plus pre- and post-judgment interest, attorney fees, court costs and expenses and alll other relief. It is is represented by Michael W. Ashbury Jr. of Asbury Law Office in Clay.

Clay Circuit Court Case number 16-c-37

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Clay Circuit Court