West Virginia Record

Monday, December 9, 2019

Rental company sues oil and gas independent producer alleging breach of contract


By Philip Gonzales | Feb 16, 2019

Law money 12

CHARLESTON — A rental company is suing an oil and gas independent producer, citing alleged breach of lease agreement and unjust enrichment.

Adler Tank Rentals LLC filed a complaint in Kanawha Circuit Court against Cunningham Energy LLC alleging that it retained the benefit of using the plaintiff's equipment without paying fair compensation.

According to the complaint, the plaintiff alleges that at the request of the defendant, on Dec. 12, 2017, it leased the defendant certain equipment. After allowance for all proper credits for payments and/or returned merchandise, if any, the amount of $49,568.80 remains due and owing.

The plaintiff holds Cunningham Energy LLC responsible because despite demand for payments, it allegedly failed and refused to pay the same or any part thereof.

The plaintiff requests a trial by jury and seeks judgment against the defendant in the amount of $49,568.80, attorney's fees of $11,476.81, costs and such other relief to which it is entitled. It is represented by John R. Keating of Amato Keating and Lessa PC in Bethlehem.

Kanawha Circuit Court Case number 18-C-1561

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Amato Keating & Lessa PCKanawha Circuit Court

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