BECKLEY — A wood processing operator is suing a company and individuals, citing alleged breach of contract, fraud, conversion and unjust enrichment.
Allegheny Wood Products Inc. filed a complaint in Raleigh Circuit Court against BKT Inc., a corporation, and Brian A. Collins and Nicholas E. Todd, as individuals, alleging that they retained, concealed and converted funds that rightfully belong to Allegheny Wood Products.
According to the complaint, Allegheny Wood Products alleges that in January 2017, it suffered substantial monetary loss for paying the defendants $1,750 per thousand board foot delivered by the defendants to one or more of its lumber processing facilities, instead of the rate of $175 as agreed upon. The defendants initially denied receiving payment 10 times what they are entitled to but subsequently blamed an accountant, whose identify they refused to disclose, for the missing funds and further stated that the said accountant was already fired, and they would not be able to pay back the overpayment or that it would take them a long period of time. To date, the defendants still owe Allegheny Wood Products $138,712.26 as a result of their fraudulent actions.
The plaintiff holds BKT Inc., Brian A. Collins and Nicholas E. Todd responsible because they allegedly concealed and retained the full amount of overpayment, failed to notify the plaintiff of the overpayment despite immediate discovery, and converted the funds for their own use and with the intention of depriving the plaintiff of the overpayment of funds.
The plaintiff requests a trial by jury and seeks judgment against the defendants in the amount of $138,712.26, plus additional and/or alternative relief as the court deems appropriate. It is represented by Gary A. Matthews and Frances M. Lazell of Jenkins Fenstermaker PLLC in Huntington.
Raleigh Circuit Court Case number 18-C-542