Equipment provider alleges tree service violated contract

By Philip Gonzales | Dec 27, 2016

KEYSER — A Mineral County man is suing a Grant County tree service, alleging breach of a purchase agreement.

KEYSER — A Mineral County man is suing a Grant County tree service, alleging breach of a purchase agreement.

Richard D. Powell filed a lawsuit Dec. 13 in Mineral Circuit Court against Kenneth Day, doing business as Tristate Tree Service, alleging the defendant wrongfully exerted dominion over the plaintiff's properties.

According to the complaint, in May, Powell agreed to sell certain vehicles and equipment to Tristate Tree and, to date, the sum of $4,200 for the purchases remains uncollected. In addition, Powell loses about $6,000 to $10,000 worth of solid oak beams/lumber to the defendant. 

The plaintiff alleges Tristate Tree Service failed to make the full payment for the account balance, refused to return the equipment and converted the lumber for its own use.

Powell seeks a trial by jury, compensatory damages to be determined at trial, the return of the above stated items, pre- and post-judgment interest, attorney fees and court costs as well as all other just and proper relief. He is represented by attorney David Collins of Nelson M. Michael LC in Keyser.

Mineral Circuit Court Case number 16-c-98

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