WHEELING — A building materials supplier is suing a building and maintenance service company and an individual, citing alleged breach of contract.
The Carter-Jones Lumber Company d/b/a Carter Lumber filed a complaint in Ohio Circuit Court against Donald Howard d/b/a Howard Home Improvement and Donald Howard alleging that they failed and refused to make payment in full for materials it purchased on credit.
According to the complaint, Carter-Jones alleges that on May 11, 2017, it agreed to supply and sell materials on credit to the defendants as per a May 2017 contract between them. Carter extended credit to Howard in the principal amount of $10,881.41 plus contractual finance charges and costs including attorney's fees.
The plaintiff holds Howard Home Improvement and Donald Howard responsible because allegedly Donald Howard signed the agreement on behalf of Howard Home Improvement in which he personally guaranteed payment to Carter of any obligation that it owed to the supplier, along with actual costs of collection, including attorney's fees and court costs.
The plaintiff seeks an amount of at least $14,087.90 plus pre-judgment finance charges at the rate of 1.5 percent per month from January 2019 until judgment date and post-judgment interest at a statutory rate of 5.5. percent per annum from the date of judgment until judgment is collected, along with collection costs, attorney's fees and damages. It is represented by Mary K. Prim of Mary K. Prim PLLC in Scott Depot.
Ohio Circuit Court Case number 19C21