Clothing distributor seeks payment for shipped apparel

Kasey Schefflin-Emrich Jul. 23, 2015, 1:54pm


A Philadelphia-based apparel distributor is suing an online clothing company and its owner, alleging failure to pay for costs and delivery of shipped apparel.

Bodek and Rhodes Inc. filed a lawsuit July 6 in U.S. District Court for the Eastern District of Pennsylvania against ClothingWarehouse.com, Inc. and Daniel Clark, alleging breach of contract, promissory estoppel, unjust enrichment, conversion and breach of personal guaranty.

According to the complaint, in December 2006, the defendant entered into an agreement with Bodek and Rhodes in which CWCI agreed to pay Bodek for the shipment of apparel on a timely basis.

The suit says CWCI and Clark personally guaranteed all payments would be made to Bodek, in addition to agreeing that large fees and finance charges would be imposed on any unpaid balances that are more than 30 days overdue.

Moreover, the agreement stated if collection become necessary CWCI would pay all costs involved including attorney fees, the lawsuit says.

Despite fully performing its obligations of delivering apparel to CWCI, Bodek alleges the company has defaulted on payment with the majority of the invoices being more than 120 days overdue. The suit states CWCI owes $188,039.15.

Bodek seeks the indebtedness in the amount mentioned above, plus attorney fees and costs. He is represented by attorney Francis J. Lawall of Pepper Hamilton in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number: 2:15-cv-03729-RBS.

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