PHILADELPHIA – A manufacturer and distributor of sediment control products has brought legal action against a construction materials firm and its owner, claiming the defendants owe an outstanding sum of more than $20,000 from a credit contract entered into nearly four years ago.
East Coast Erosion Blankets, LLC of Bernville filed suit in the Philadelphia County Court of Common Pleas on June 13 versus Jolinca LLC and William Rodgers, both of Philadelphia.
“On or about July 2013, defendant Jolinca LLC, entered into a credit contract with plaintiff, said contract guaranteed by defendant, William Rodgers…[the] first page of which is named Credit Application, the second page of which is a personal guarantee of business indebtedness. Under the terms and conditions of that credit contract, defendants incurred and became legally liable for the liabilities evidence by a statement of account and invoices made a part hereof. Defendants defaulted under the terms and conditions of said credit contract, as a result of, including, but not limited to, failure to pay monies due under said contract. The amount due plaintiff from defendants under said credit contract is $20,539.00,” the complaint reads.
“It can be inferred from the acts of the defendants that defendants implied that they would pay the plaintiff for the merchandise rendered by the plaintiff. Under the circumstances of this case and the ordinary course of dealing and the common understanding of men and women, there is shown a mutual intention of plaintiff to provide, and defendants to pay for, plaintiff’s merchandise and services. The merchandise and/or services were delivered to defendants under the implied promise to pay. All conditions to the present action have occurred or have been performed,” the complaint continues.
For count of breach of contract and unjust enrichment, the plaintiff is seeking damages of $20,539.00, plus attorney’s fees of $1,540.00 and interest of $616.17, for a total of $22,695.17, plus court costs, all of which are justly due and owing from the defendants to the plaintiff in this matter.
The plaintiff is represented by Steven Koplove of Kraft & Kraft, in Philadelphia.
Philadelphia County Court of Common Pleas case 170601275
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com