Medical supplier sues purchaser for unpaid invoice

By Carol Ostrow | May 15, 2015


A New York firm brought allegations against a Pennsylvania company alleging breach of contract in 2014.

Danbury Pharma LLC of Freeport, New York sued Exclusive Supplements Inc. d/b/a Biorhythum of Coraopolis in the U.S. District Court Western District of Pennsylvania on May 7, alleging breach of contract in April 2014.

According to the filing, the defendant ordered goods from Danbury in the amount of $186,266 prior to April 8, 2014. According to court documents, eight separate amounts were due and payable each month from April through July of 2014, according to the mutually agreed payment plan.

The plaintiff alleges that Biorhythum has failed, refused or neglected to remit the full balance, stating that after partial payments and credits, the defendant still owes $156,072.96. Maintaining that the defendant accepted the delivery of purchased goods fully aware that the plaintiff expected to be paid, the complaint avers that allowing the defendant to retain the goods without paying fair compensation would be unjust.

Citing the defendant with unjust enrichment, Danbury Pharma seeks judgment in the amount of $156,072.96; attorney’s fees; court costs, and any other relief as the court deems just and appropriate. The plaintiff is represented by Demetrios Tsarouhis of Allentown.


U.S. District Court Western District of Pennsylvania Case 2:15-cv-00599-JFC

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