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WEST VIRGINIA RECORD

Wednesday, May 8, 2024

Attorney-in-fact seeks damages for breach of lease agreement

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CHARLESTON — An attorney-in-fact is suing Service Corp. International and Bartlett-Burdette-Cox Funeral Home Inc., for an alleged breach of a lease agreement.

Plaintiff Perry Cox filed a complaint April 27 in Kanawha Circuit Court, claiming the defendants breached their duty of good faith and fair dealing when they notified him on March 8, 2016, that they would not renew John P. Cox's lease agreement.

In addition, Cox alleged that the defendants failed to install and maintain a fire alarm and sprinkler system as agreed in the lease. 

The plaintiff said he holds Service and Bartlett-Burdette-Cox responsible because the defendants allegedly refused to execute a written release of the lease agreement to state that the lease was no longer in effect and could not be renewed and failed to maintain the leased premises and to keep in compliance with all applicable laws.

The plaintiff requests a trial by jury and seeks judgment against defendants for compensatory damages, execution of a written release of the lease agreement, attorney's fees and further relief as the court deems just. He is represented by Larry O. Ford of Meyer, Ford & Glasser PLLC in Charleston.

Kanawha Circuit Court case number 18-C-583

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