West Virginia Record

Thursday, November 21, 2019

Teacher who paid for goods says vendor won't refund money after getting paid by school

State Court

By Marian Johns | Nov 1, 2019

Law money 04

HUNTINGTON – A Mercer County teacher who used his personal credit card to purchase $3,344 worth of electronic device products for the school board claims the owner of the Cabell County business who supplied the products won't refund his money despite also getting paid for the purchases by the school board. 

According to the filing in the Cabell Circuit Court, Derek Belcher filed suit against Barry Carter II, doing business as The Church Nerds, alleging breach of contract and fraud.

According to the suit, in January when Belcher was purchasing the supplies on behalf of the Mercer County Board of Education, Carter agreed to refund Belcher once payment was received from the school board. The suit states the board sent a payment to the defendant that he received in June.

The plaintiff alleges the defendant has only partially refunded $2,045 to him.

"The defendant is wrongfully and illegally holding the sum of $1,299 and has refused to honor the agreement and pay the aforesaid sum to the plaintiff," Belcher alleges in the suit.  "As the charge was initially made on the plaintiff's credit card, he continues to incur interest on the outstanding balance."

Belcher seeks $2,000 for special compensatory damages as well as punitive or exemplary damages and litigation costs. The plaintiff is represented by Harold Wolfe III of Princeton.

The case has been assigned to Circuit Judge Paul T. Farrell.

Cabell Circuit Court case number 19-C-387

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Cabell Circuit Court

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