West Virginia Record

Sunday, September 22, 2019

Trucking business alleges lumber company owes more than $5,300


By Noddy A. Fernandez | Aug 9, 2018

CHARLESTON — A St. Albans trucking company is suing a lumber business, alleging breach of contract and unjust enrichment in failing to pay more than $5,300.

Rhodes Trucking Corporation filed a complaint in Kanawha Circuit Court against Danville Lumber Company, alleging the defendant breached contractual obligations to pay the plaintiff for the materials and services received.

According to the complaint, between August-November 2017, Rhodes Trucking supplied and delivered materials to Danville Lumber to use in its business. The plaintiff says Danville Lumber has benefited and been improved by the materials and services provided by them, but Rhodes Trucking has not received payment amounting to $5,346.05 with 18 percent interest per annum. 

Rhodes Trucking said it expected to be paid the fair value for the material and services provided as the parties had entered into a valid contract and that the plaintiff has fully performed under the contract. 

The plaintiff alleges Danville Lumber has failed to pay invoices and has materially breached its contract/agreement.

Rhodes Trucking seeks trial by jury, the full amount of $5,345.04, plus pre-judgment interest at the contract rate of 18 percent per annum and post-judgment interest, costs incurred and all just and appropriate relief. It is represented by attorney N, Edward Eagloski of Hurricane.

Kanawha Circuit Court case number 18-C-795

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Kanawha Circuit Court N, Edward Eagloski, Attorney at Law

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