HUNTINGTON — A Caterpillar equipment dealer is suing an excavating contractor, citing alleged breach of duty.
Cecil L. Walker Machinery Company filed a complaint in Cabell Circuit Court against Holley Excavating, Inc. alleging that it breached a rental agreement by failing to pay rental payments.
According to the complaint, Cecil L. Walker Machinery Company entered into a rental agreement with Holly Excavating and performed its obligation to provide goods and services. Despite doing so, the defendant allegedly did tender any payments pursuant to the agreement, which amounted to $9,744.06.
The plaintiff holds Holley Excavating, Inc. responsible because it allegedly failed to submit rental payments in the amount of $9,744.06 and failed to liquidate the balance due and owing.
The plaintiff requests a trial by jury and seeks judgment of $9,744.06, court costs and all other proper relief to which it is entitled. It is represented by James P. Tomasik of Reisenfeld & Associates, LLC in Cincinnati.
Cabell Circuit Court Case number 19-C-S