WINFIELD — Winfield Quick Stop is suing the person who was contracted to do roof repairs, claiming he never performed the repairs.
Ganeshay LLC is doing business as Winfield Quick Stop.
Kyle D. Slone is the individual who performed the roof repairs.
The convenience store entered into a contract with Slone on Oct. 6, 2022, for Slone to perform roof repairs for the amount of $30,000, according to a complaint filed in Putnam Circuit Court.
Ganeshay paid the defendant with a check for $20,554.31 as a deposit for the roofing repairs, however, despite accepting the check, the defendant failed to perform the roof repairs and breached its contract with the company.
On Nov. 8, 2022, due to Slone's failure to perform the roof repairs on the property, Ganeshay demanded the return of the check, according to the suit.
Ganeshay claims on Nov. 23, 2022, and Nov. 28, 2022, it again demanded the return of the check, but Slone has continued to refuse to return the check he was given to perform the roof repairs.
Ganeshay claims the defendant has been unjustly enriched at the company's expense in the amount of $20,554.31.
Ganeshay is seeking compensatory, incidental and consequential damages. It is being represented by David D. Amsbary and Ralph J. Hagy of Bailes, Craig, & Sellards PLLC in Huntington.
On April 24, Ganeshay filed a motion for default judgment, according to court documents.
Ganeshay argues that the motion for default is pursuant to Rule 55 of the West Virginia Rules of Civil Procedure.
Rule 55 is used when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.
The case is assigned to Circuit Judge Phillip Stowers.
Putnam Circuit Court case number: 23-C-26